Loading...
HomeMy WebLinkAboutTB-02/11/2014 ELIZABETH A. NEVILLE gpFFO Town Hall,53095 Main Road TOWN CLERK PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�/p! �ao� Telephone:(631)765- 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING February 11, 2014 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, February 11, 2014 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on February 11, 2014 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee Name Organization Title Status Arrived Robert Ghosio Town of Southold Councilman Present James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present I. Reports 1. Justice Rudolph H. Bruer 2. Board of Town Trustees 3. Special Projects Coordinator 4. Zoning Board of Appeals 5. Solid Waste District II. Public Notices 1. NYS Liquor License Renewal February 11, 2014 Page 2 Southold Town Board Meeting III. Communications IV. Discussion 1. 9:00 Am - Bill Miller-TRC Solutions, Stephen Ripp - Northville Industries,John Sasso - Sigma Energy 2. 9:15 Am -Jamie Richter 3. 9:30 Am - Michael Collins, Jamie Richter and Melissa Spiro 4. 9:45 Am - Kelly Ramsey and Nate Malinowski 5. 10:00 Am - CANCELLED - Roger Bason -Eccosolution LLC 6. 10:15 Am - Mike Verity and Leslie Weisman 7. Zoning Board of Appeals 8. LL/Amendments to Chapter 144 Pertaining to Tents (To Set PH) 9. Review of Southold Bus Shelter Request from Transportation Commission 10. Trustee Appointment Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:35 AM for the purpose of discussing the following matters: Labor: Matters involving employment of particular person(s) Update on PBA negotiations Update on CSEA negotiations Litigation: Nocro, Ltd and Heritage at Cutchogue, LLC v. Town of Southold, et al RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 11. EXECUTIVE SESSION - Labor 12. EXECUTIVE SESSION - Litigation Opening Comments SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. Okay, I am going to invite anybody that would like to comment on any of the agenda items and speak on the agenda. There are a lot of new faces here, I will just clarify that; the beginning part of the meeting is for people that just want to speak on issues that are specific to the agenda. After that Page 2 February 11, 2014 Page 3 Southold Town Board Meeting is concluded and the votes are taken, then we are going to go to public comment on any issue. Would anybody like to comment on any of the agenda items? Also, for the record state your name and your hamlet please. KELVIN BRYANT: My name is Kelvin Bryant, I am from Yaphank. I am here on behalf of hunters for deer, just to be on record that we oppose this cull that the USDA and the Town of Southold is trying to do at this point. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment on any of the agenda items? Please. JOHN ACLERO: My name is John Aclero, I am from the New York Organ Donor Network, I am also 7 years out of surviving a heart transplant. We have a bicycle ride, it is our 5`" annual bicycle ride called the North Shore bike tour. It is on your agenda today for road use permit. It is a family charity bicycle ride. It is a 35 mile out and back bicycle ride, starts at Ospreys Dominion vineyard in Peconic, runs out to Orient Point and back. It benefits the New York Organ Donor Network which is a 501-3C organization. Nobody on my staff is paid, it is all voluntary crew including myself. The reason we have this ride is over 110,000 people are waiting for life saving organ transplants in this country today. 10,000 of them are from our area alone. Only 13 percent of our community are registered organ donors which puts us second to last in the nation. We do this as a way of giving back and trying to help those people less fortunate than myself. We realize the inconvenience to the people of the town and we take steps to minimize the disruption. We hold it on Sunday before Memorial day in the morning, 9:00 start and most of our riders are off the road by noon. We use the truck route on Moore's Lane to avoid interfering with commerce in the village of Southold. We send our riders out in waves as to avoid major tie-ups on the road, we run continuous audio loop to explain we have to obey all traffic laws and use the shoulder at all times. We also remind everyone that we are guests in this beautiful town and we should act like guests. We pick up all our garbage and signage before the end of that day, we have a stellar safety record and supply our own emergency squad, consisting of two ambulance crews, a first responder and two EMS cyclists. We have (inaudible) at all our rest areas and bathrooms with running water at the start/finish as well as the turn around. Wherever possible, we use local businesses to buy our foods and services such as Ospreys Dominion vineyard, Greenport bike rental, Michelangelo's restaurant, Island (inaudible), we actually reach out to the North Fork chamber of commerce and ask if anyone would like to put promotional items in our ride packets to try to get people into their businesses. This is my premier fundraiser, we raise over $30,000 that goes directly to the New York Organ Donor network, an organization that uses our funds to educate the public about the dire need for registered organ donors in our area. I am asking the good people of this town to overlook any inconvenience that my ride may cause and not only grant me a road use permit but stand by me and help me in my quest to promote organ donations. Thank you. SUPERVISOR RUSSELL: Thank you. WENDY CHAMBERLAIN: My name is Wendy Chamberlain, I just wanted to ask so I don't interrupt you when you are voting on resolution 2014-192 and 193. Could I please have copies Page 3 February 11, 2014 Page 4 Southold Town Board Meeting of whatever you are going to be discussing so I don't interrupt you when you are in the middle of... SUPERVISOR RUSSELL: The resolutions should appear, do you have the agenda? MS. CHAMBERLAIN: No, I don't have it on me. DEPUTY TOWN CLERK COOPER: They are outside, on the table to the left. MS. CHAMBERLAIN: I have got one. Thank you so much. I just didn't want to interrupt. That's all. Thank you. BENJA SCHWARTZ: Good evening. How are you doing? Benja Schwartz, Cutchogue. This is the third time that I have come up here to speak about this issue, I am here for the third time because I don't feel like anybody was listening the first two times. This proposal to neg dec the deer, I read the agenda item. Even though two days ago, it wasn't in this tentative agenda, even though this was proposed of, announced publicly and reported in the paper that it was going to be at this meeting, that there was going to be a discussion of the proposed deer cull. The tentative agenda had nothing about deer, no mention. The current agenda item says that it is going to be a negative declaration, it is very technical, it doesn't really say what you would be finding. If you agree to this agenda item, you will be finding as fact finders on behalf of the Town of Southold that there is no possibility that this cull will have any negative impact on the environment. That is not the way to do it. Even if you are going to do a negative dec, it is incumbent upon you, I didn't have to come here again for the third time, I shouldn't be here and especially on a night like tonight. I would like to be home in front of the fire with my dogs. You have to be here but if you are going to come here, then do your job. Your job is to inform the public and to make decisions on behalf of the public with the knowledge and the information that the public can contribute to this issue. It doesn't add up. What I have heard about this proposal is that it is going to be an experiment. I have also heard, from the Supervisor himself, that it is not going to work, it is not going to solve the problem. The approach of the Long Island Farm Bureau, god bless them, they wanted to solve the problem for the whole east end of Long Island. Well, I think they bit off a little more than they could chew and I think that we should just spit it out and start again. There are a lot of things that we can do to make a positive difference with the problems that we are having with the over population of deer. I agree, there is an overpopulation of deer. But what have we done? We have a hunting program. I am not against hunting. I am not sure if I am against the hunting program in Southold Town or not but I think there are certain problems with the hunting program, things that could be improved. My understanding is that we don't have enough hunters, I also understand why we don't want to open up the hunting program to any hunter from upstate New York or the City or someone who doesn't know what they are doing. I think we have to be very careful if we open this up to out of town hunters. But I think there are many, many ways that that could be done in a mutually beneficial way. Could be a good way to bring in some funding to the program, non-resident hunters could be charged a little more but they should certainly be not just done background checks but reviewed, there could be a reviewed process and it would be paid for by the fees that they would pay to come and hunt in the Town of Southold. But that would provide us with enough hunters to really give the hunting program in the Town of Southold the oomph it needs. We might talk to other towns, neighboring Page 4 February 11, 2014 Page 5 Southold Town Board Meeting towns maybe have some kind a reciprocal program there. I don't know, I am not a hunter. But I know a lot of hunters and I approve of hunting. Sharpshooting, in its place, it is fine. I think they have big parks somewhere in England where once a year they bring in marksman, sharpshooters to come in and thin out the deer herd. They keep all the people out and they thin out the deer herd once a year. Maybe it will become an annual event in the Town of Southold but this is not the way to start. There has not been any planning, this uh, the decision has been made before we even begin the environmental impact, the public disclosure and the public decision making process has not started. The two meetings I was at, I was there the whole meeting and all I heard was a bunch of propaganda about a decision that had already been made and how you are going to do it. I didn't hear anybody asking if there was another way to do it or a better way to do it or what else we could do. In fact, anytime anyone would suggest doing something else, it was said, oh, that won't solve the problem. Well, this won't solve the problem either. Even if they exceed all expectations and all of their predictions, there is going to be enough deer that there's still going to be accidents and ticks and there will be more deer. The amount of deer that we could expect to be reduced by this cull is like mowing the grass only 1/4 of an inch. Comes back stronger and faster. Very soon. I think you are wasting money, I think you are doing something which is if not against the letter of the law it is certainly against the spirit of the law. And it is not the way to do things and this is not the right thing to do right now. you know, I have my little table with me where I saw the agenda. There were no agendas when I got here before the meeting started so basically, I am just, I am glad I got here in time to say my piece. Now I would like to hear from each one of you why you support this program. At home when I was thinking about coming to this meeting and I looked up on a previous meeting, there was a woman who spoke very eloquently about alternatives, her 10 year old son spoke very eloquently. Not just for a 10 year old, for anybody. The response of the Board was thank you, does anyone else want to say anything else, different. Because the Board didn't want to hear what he had to say. the Board did not have a conversation with him. With all due respect, this Board has not had a conversation with the public in the Town of Southold. The public in the Town of Southold are not 100 percent in favor of this as the Board.... SUPERVISOR RUSSELL: Benja, we have been patient but it's enough is enough. It has been going on for some time. I want to give you your opportunity to speak but I don't want you to abuse it, please. You are covering the same ground that you raised earlier in this conversation. Can we just move forward and then ask you to have any comment that you have at the end of the meeting, to just wait around, I am sure you will be here. MR. SCHWARTZ: After you have already voted to go ahead. So in other words, you are not really listening, Scott. You are not really considering what I have to say. you are just, you know, sitting there. I mean.... SUPERVISOR RUSSELL: I have no obligation to do what you say, I have to listen to you which is what I do. I listen to everybody and then render the best decision I can. I am just asking you, you had your say, can we please move forward with the agenda? We have been more than patient, Benja, we started at 7:30. You know we have. Okay? MR. SCHWARTZ: I respectfully disagree. Page 5 February 11, 2014 Page 6 Southold Town Board Meeting SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any of the agenda items? FRED SCHWAB: Fred Schwab, Mattituck. Both my wife and I are vehemently opposed to this deer kill and I call it kill. And I have got a question here, it says on agricultural farm parcels. Can you define that? SUPERVISOR RUSSELL: What an agricultural parcel is, by State Ag and Markets law it is a farm that is producing crop. It is at least 10 acres and over $10,000 in annual product or if it is under 10 acres it needs to be $50,000 in agricultural product. Bona fide ag operation. MR. SCHWAB: That means then you would not, they would not be hunting killing, they are not hunting, they are killing deer in the woodlands? SUPERVISOR RUSSELL: They would need, depends on who owns the woodland. The town has certainly made its parcels available. They still have the same hunting restrictions in many circumstances as others, they can't shoot within 500 feet of a dwelling. If it is on private property, they need the permission of the owner which my understanding is USDA has gone out and knocked on doors and tried to get support, get permission. You know, they are going to pick the areas that not are just where the over-abundance of deer exist, they are also going to pick the areas where they can successfully get the permission of the owner. MR. SCHWAB: I also resent our tax money going towards this and I would like to know how that $25,000 going to be accounted for, who does it go to? SUPERVISOR RUSSELL: I can answer that, we are actually distributing funds to the Long Island Farm Bureau which is the lead sponsor of this event. MR. SCHWAB: Why can't Southold be like Shelter Island, East Hampton, East Hampton Village, Southampton and Riverhead and Brookhaven and not go into this and take time to study it? SUPERVISOR RUSSELL: We have. We spent 8 years. We are not new to this conversation, this has been going on for 8 years. We have looked at all available options despite what a previous speaker had said. We have looked at sterilization, we have looked at contraception, we have looked at all those options. We have had wildlife biologists coming to Southold, visiting Southold, professors from Cornell University visiting Southold, talking about the devastation. We have had numerous public forums on this. Not just one or two but several. The reality is, the conclusion was by all these experts that the only thing that works is a reduction of the herd through hunting. Which is why we chose to go in this direction. Why we pursued this, it's the only option that we had on the table. The only one that would be economically feasible. MR. SCHWAB: What you should be going after, I don't know how you would do it, but what you should be going after is white mice. They are the ones that carry infections, not the deer. The deer only carry the ticks. SUPERVISOR RUSSELL: Would anybody else...? Page 6 February 11, 2014 Page 7 Southold Town Board Meeting UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: The wireless communication? It's on the agenda, please feel free. JOHN BARNES: Inaudible. My name is John Barnes, I live about 100 yards away from here on Horton's Lane. A little history so it makes sense what I am talking about, I am a retired superintendent of school. Part of my doctorate program was involved in computer assisted instruction, so I am not anti-cell tower, I am not anti-technology. It makes a lot of sense that we do something about it and I must tell you up front, I have a good deal of confidence in both the Board and the Supervisor and what they normally do. I have been a past president of chamber of commerce and a president of the historical society and I say that only to let you know that both my wife and I are very concerned about the history and the feeling of history that we have in Southold. We cherish it. We did not come here by accident. We bought a historical home in the Town of Southold and if you don't, anybody who likes old, has got to like Southold. It just, it just is a wonderful place from that point of view. Our house is approximately 360 feet from the site that you have been talking about. Maybe there are other sites and I would hope you would consider some other sites but we really have some concern about the negative impact of a cell tower that close to our home. It was also only a couple hundred feet from other buildings around. I measured it today (inaudible) 147 feet from it and the post office 305 feet,the judge by the way is 248 feet (inaudible). My real concern is as simple as this, I have seen some pictures that make it appear innocuous, looks like a telephone pole and says that it may be only up 80 feet tall and no taller than the trees but most of the trees are like 60 feet tall. I am just concerned that the pole starts out one size and then you add to it because of the greater need for more communication and pretty soon we are looking at something that we really don't want in our view and it affects the whole atmosphere of this wonderful, historical village that we all cherish. But I would just ask you to consider other options or at the very least, show us some good pictures that give us an understanding that it is not going to be repugnant and affect the values of our homes. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on any of the agenda items? ADRIENNE LYNCH: Good evening everybody. Adrienne Lynch, resident Southold Town, Youngs Avenue. I was here at the last meeting about this issue, I think it was maybe two or three weeks ago and I stood up and spoke about my concerns about the cell phone tower in relation to this particular location in Southold village in regards to its proximity to the school and any possible health impacts on the small, growing bodies not too far down road from where this tower is proposed. I don't really know a heck of a lot about you know, where it was going to be and how big it was going to be, so that meeting was my first introduction to the whole subject. I hadn't read the legal notice a year ago, I think you said that's how long ago it was in the paper because, frankly I do read the local paper, I think fairly regularly but I do skip that really small print because my eyes are over 45. But anyway... SUPERVISOR RUSSELL: It was on page 7 I think. There was a large article on page 7 or 9 1 think. Page 7 February 11, 2014 Page 8 Southold Town Board Meeting MS. LYNCH: Right, recently, right? SUPERVISOR RUSSELL: No, February 13, 2013. MS. LYNCH: Oh, okay. Maybe I was away but I don't know. At any rate, the long and the short of it is, I like to stay fairly well informed, right? But I get that you guys have a lot of information to get through, you know, amendments to pass to keep the town moving but on this particular issue because I mentioned it to a couple of parents that I know and they were thinking, boy, I didn't stay on top of that, I didn't see it, right? And I get that at the last meeting you said to me, the issue is about a year old and how come you are here now and yeah, but you know what the American process is as long as you are there before the ink is dry, you have a right to cause a problem... SUPERVISOR RUSSELL: Not quite, that's not quite.... MS. LYNCH: No, no. SUPERVISOR RUSSELL: That is simply not our position. MS. LYNCH: You said, you said.... SUPERVISOR RUSSELL: We simply explained that there had been a campaign of implication that the town is operating without transparency, operating in secret. That is simply not, I dispelled those myths.... MS. LYNCH: Right and I don't feel that way... SUPERVISOR RUSSELL: We tabled the hearing from two weeks ago just so we could consider the comments. We are weighing everything right to the very end, I assure you.. MS. LYNCH: But is today the vote? SUPERVISOR RUSSELL: The vote to amend it is today. But we are weighing everything you say right now. We weighed everything we heard two weeks ago, I assure you. MS. LYNCH: Because the one thing that I would like to propose is perhaps, because we have Stony Brook not too far away is that we reach out to Stony Brook to see if they have any people in their IT curriculum, right, because there is a big IT center that was just funded by New York State that they built up there, state of the art whiz bang, they got a lot of kids from all over the world that know a lot about IT telecommunications whether we could find perhaps a professor from that facility that could speak to hard data on the issue of health implication. Maybe they want to you know, involve some grad students on doing some research because I appreciate Mr. Dinizio that you worked for either Cablevision or Verizon, I forget which one, but you know, I work for IT support at a bank but that doesn't make me expert on everything IT related. And I am sure you looked into it to the best of your ability but you have a day job and you know, to the extent that you can research these things if it is not your full time profession maybe you are not the resident expert but perhaps we have access to a resident expert. So I would request that Page 8 February 11, 2014 Page 9 Southold Town Board Meeting perhaps you bring to the supervisor of schools, maybe one of these guys could speak to the parental population of Southold schools, high school, middle school, elementary school put them in front of them and speak on whether should this thing go up a stone's throw from the school and does he think there is a risk? Is somebody willing to go on record whose specialty that is with saying, yes, you know, I would go on record as saying not an issue. So that's just my recommendation for this evening and I appreciate your time. SUPERVISOR RUSSELL: Thank you. COUNCILMAN DINIZIO: I just want to comment on that. I am not by any means an expert... MS. LYNCH: Right. COUNCILMAN DINIZIO: However, I sat through probably 7 or 8 cell tower hearings and listened to their experts and our experts that we hire... MS. LYNCH: Okay. COUNCILMAN DINIZIO: I can direct you to several variances if you would like to read the testimony on numerous engineers concerning cell towers. MS. LYNCH: Sure. And no problem, I will give you my email address. COUNCILMAN DINIZIO: Yes. MS. LYNCH: You can send it. COUNCILMAN DINIZIO: And quite honestly, it is very dry. MS. LYNCH: I am sure. My job is dry, too. COUNCILMAN DINIZIO: And I would only say this then, when we as a Board or the Zoning Board, we have to rely on experts and we do rely on experts. That is not to say that you shouldn't come and testify and bring your own experts, okay, and then listen to if they can be rebutted or not. MS. LYNCH: Sure. COUNCILMAN DINIZIO: I mean, every single one that I have seen so far our engineers seem to rebut it because RF is not gamma rays. It is not X rays, okay, and mathematically it just doesn't work to cause cancer. MS. LYNCH: Okay. COUNCILMAN DINIZIO: It is not to say that if you stood in front of it for 20 years that something wouldn't happen, something odd might not happen.... Page 9 February 11, 2014 Page 10 Southold Town Board Meeting MS. LYNCH: But you have got kindergarteners, right? They are going to be down that road for how long? And here is the thing.... COUNCILMAN DINIZIO: Well, I agree with you, I think in Europe they actually outlaw phones... MS. LYNCH: Right. COUNCILMAN DINIZIO: Some parts of Europe, for that reason. MS. LYNCH: Right. Yeah. COUNCILMAN DINIZIO: Okay and maybe it's time to reevaluate that but that, our recourse is listening to the experts. MS. LYNCH: Yes. One other point that I wanted to raise, I know that there is a revenue component to this and I don't discount it, right. But you have an option as the town government to decide whether that revenue stream, you know, the tower should go there or not. Our school children in Southold Town and parents, we have no recourse to decide that we don't like the cell phone, wherever we are on the health issue, we can't lose our kids, we could to a different school but the building is there, you know, it is what it is. So, you know, I ..... SUPERVISOR RUSSELL: I would just to ask to indulge us and give us an opportunity to vote on it. MS. LYNCH: Okay. SUPERVISOR RUSSELL: I think you will see that we have heard the concerns. I do want to say, the issue of health risks, while the town could weigh that simply because we would be the host, we would be the landowner of record, the applicant.... MS. LYNCH: Right. AT&T, right? SUPERVISOR RUSSELL: Right, a representative for AT&T, were they to pursue a lease agreement on private property, the town as a matter of federal law cannot weigh in. MS. LYNCH: You have no input. Right. It has got to go there. SUPERVISOR RUSSELL: So if they decide to go ahead and put the application which would be across the street from this, there is nothing we can do about it on the health issue. MS. LYNCH: I get it. But at least you guys could stand on the side of maybe not from a town perspective. SUPERVISOR RUSSELL: Sure, I remember a few years ago when one was going up across the street from Oysterponds school which is there today, that is actually in closer proximity to the Page 10 February 11, 2014 Page 11 Southold Town Board Meeting school and some of these issues should have been raised then but on the other issues, I think the historic component has to be weighed very heavily, which I said right along. COUNCILMAN DINIZIO: The issues were raised at Oysterponds. MS. LYNCH: But I will leave you my email address. I am happy to read. Dry, not dry whatever. Good thing to learn stuff. Thanks everybody. DAN DURETT: Good evening, my name is Dan Durett, I am a resident of Greenport. I will abridge my remarks today on the issue of cell phone towers just for the sake of time. I would like to just make two quick points if I will and again, one point of clarification is whether or not the Board's action complies with the FCC's 47CFR Part I NPA agreement which requires siting of any cell phone tower to be in compliance with section 106 of the historic preservation act. I will just leave that as a question. The other reason why I rise is to read a letter from the North Fork Environmental Council, I am a member of that Board. I will just read the primary paragraph and provide copies for the Board and any of the public that would like a copy, `regarding the local law in relation to amendments to Chapter 280 Zoning in connection with wireless communication facilities, the Board of Directors of the North Fork Environmental Council wishes to express its unanimous voice against the amendments to chapter 280 and the construction of the proposed cell tower behind Town Hall.' That is the end of that statement. I would also caution the Board that if you do go ahead and install a cell phone tower in such proximity to your own cell phones, you may have given public or an opposition to you on any topic, a greater access to you through their cell phones. SUPERVISOR RUSSELL: You are talking to a guy that calls at 2:00 in the morning, so. I am sorry, go ahead. ROBERT HARPER: I am Robert Harper from Mattituck and in the interests of full disclosure, I am a member of the Landmarks Commission but again my remarks tonight have nothing to do with the positions that the Landmarks Commission has taken. Before, I want to ask some questions because I have actually looked at the code and I just want to clarify some things that I was confused about. But I would like to just make it clear that what you are voting on is that you are proposing to change the town code in order to allow a single applicant, which is AT&T, to allow their application I believe in your term, to move forward. This would change, this change would allow a cell phone to be erected in our national historic register district. Am I correct in... SUPERVISOR RUSSELL: It would allow the application to go forward, yes. COUNCILMAN DINIZIO: But it's not just for a single applicant. SUPERVISOR RUSSELL: No, it would be. Co-location is required as a matter of code. COUNCILMAN DINIZIO: Well, no, it would apply to any person who wanted to come in and build in a similar... MR. HARPER: But in this instance, you are doing this.... Page 11 February 11, 2014 Page 12 Southold Town Board Meeting COUNCILMAN DINIZIO: In this instance, there is an applicant but we are not doing it just for that applicant. MR. HARPER: You are saying, then, there is another co-locater? COUNCILMAN DINIZIO: There can be. MR. HARPER: Wouldn't that... COUNCILMAN DINIZIO: It is quite possible. MR. HARPER: It would increase the height of the tower? COUNCILMAN DINIZIO: If we change the law, we change the law and there is a similar instance,then it is legal for them to do that. MR. HARPER: It would increase the height of the tower though, if someone else... COUNCILMAN DINIZIO: No, I am not even talking about that tower, I am talking about any instance, in the law that we are addressing right now... MR. HARPER: Yes. COUNCILMAN DINIZIO: Any instance that is similar, another applicant can come in and do the same exact.... MR. HARPER: So you are saying that... COUNCILMAN DINIZIO: It is not just one, single person we are thinking about, if we change the law, it affects the whole town. MR. HARPER: So there could be multiple cell towers? COUNCILMAN DINIZIO: It is possible. MR. HARPER: Because of the change in the law? Is what you are saying. COUNCILMAN DINIZIO: Because we are not spot zoning. SUPERVISOR RUSSELL: We are not spot zoning, it is changing the code for any applicant that meets the criteria. Under the current environment, if you do an inventory of at least this hamlet, that would be the only parcel at this time that would qualify. MR. HARPER: Okay, so in effect that would be for one applicant? SUPERVISOR RUSSELL: It would be, once you change the code, you change it for good unless you amend it again. So any applicant, again, meeting that criteria down the road could apply for it. Page 12 February 11, 2014 Page 13 Southold Town Board Meeting MR. HARPER: Okay, thank you. SUPERVISOR RUSSELL: sure. MR. HARPER: I would like to read to you from the telecommunications code the section 280- 67 and it is under the purpose of the telecommunications code. It says `it is the express purpose of this article to minimize the visual and environmental impacts of wireless communications facilities while protecting the health, safety and welfare of Southold citizens. In addition, the regulation of wireless facilities, including the type of structure is intended to protect the scenic and aesthetic qualities of the Town of Southold.' I would just like to ask any of you how you can reconcile the purpose of your telecommunication code with the proposed change in the town code that you are voting on? COUNCILMAN DINIZIO: That is our code. SUPERVISOR RUSSELL: The problem is, we also have another component to the code which requires and again, the previous speaker I asked if she would just indulge us so we could take the vote, but I just assure you is one of the aspects is we have a current code that says the Southold Town property needs to be a priority in locating cellular towers. That is inconsistent with this code, so from time to time you pass two different codes that bump into each other. And I think in this instance, I think that was how the town was viewing it but a lot has been said over the last several weeks that the town hadn't been hearing several months ago, so we are considering that. And some of your concerns, I would say you have a good point. It is hard to reconcile historic district protection with perhaps a wireless communication facility. But I am not going to comment until I cast my vote and then I have some things to say. Just in the interests of clarity. MR. HARPER: Sure. I think my concern is, all of us were concerned about this and all of the other issues, would like to get our last say in before you vote. SUPERVISOR RUSSELL: Understood. Absolutely understood. MR. HARPER: Okay. Thank you. Speaking of the priorities, my reading of the town code, there are a list of priorities for siting the cell tower and it seems that, where you are planning on putting it is in the hamlet business zoning for this particular area, is that correct? SUPERVISOR RUSSELL: In HB? MR. HARPER: I have a map, if you would like to look at it? SUPERVISOR RUSSELL: Martin, do you know if that is HB or GB? The parcel in the back? TOWN ATTORNEY FINNEGAN: I thought it was HB. SUPERVISOR RUSSELL: HB, sounds good. MR. HARPER: It is. Okay. That's priority E. Wouldn't it be right to go through priority A, B, C and D first before priority E is? Page 13 February 11, 2014 Page 14 Southold Town Board Meeting SUPERVISOR RUSSELL: Priority A is just in structure, it has to be located within the existing structure, if I am not mistaken. Actually AT&T came to us about a year ago to see if we were interested in hosting a cell tower on the site behind Town Hall. We, at the time, didn't take any action. We never got an application. AT&T then looked at the, complying with the code by going to two different churches and asking the churches to allow them to put the tower within the steeple of each church. The churches, I know, were considering it because they contacted the Planning Board. Ultimately, the churches decided not to go through with that. So AT&T finally came back to us, they said, we have tried, we can't locate an existing structure. Those are the only two that would be sufficient and they both declined the offer, so would you reconsider it? that's how this whole conversation started taking place. COUNCILMAN DINIZIO: And these hearings, when you go into the hearing, the applicant has to give you the reason why they can't do A. Then it moves to B, then it moves to C. They have to try to prove their point that the location they want is the only location that can be had at that particular, at E, instead of F or G. MR. HARPER: So I have understood this correctly, so they have gone through A through D? COUNCILMAN DINIZIO: They still have to prove that. I mean, they think they have because they have looked at them all. Okay? They have looked at the law and they tried to do it with the churches, they tried different things and they said, okay, we found a piece of land that fits in this E category and now we are going to go and see if we can prove to the town that okay, this is the location that we want to put it in. Has to be, again, like the circles I told you about, all of that has to be taken into consideration and then the town votes on it. MR. HARPER: Are you saying they have taken it into consideration or are you not sure of that? COUNCILMAN DINIZIO: They probably have done their homework. MR. HARPER: Probably or they have? SUPERVISOR RUSSELL: The idea of amending the code was to allow the application to move forward so we could evaluate all of that. We don't have the visual site impact analysis, we don't have any of that because the application couldn't move forward. That's really what this was going to do. It wasn't going to result in a cell tower going on town property, it was going to result on an application going forward, so that it can be considered and SEQRA being done and all those other things. TOWN ATTORNEY FINNEGAN: It is actually C, sir, not E. They comply with C, which is on town owned land. That is the structure, a new structure on town owned land. MR. HARPER: It says on any town property. TOWN ATTORNEY FINNEGAN: Yes. Town property. It is not E. MR. HARPER: Mmhhm. Does AT&T need Planning Board approval to erect this tower? Page 14 February 11, 2014 Page 15 Southold Town Board Meeting SUPERVISOR RUSSELL: Yes, they would have to go through the site plan process. And any variances that would be required, the Planning Board has the jurisdictional right to grant or deny variances. MR. HARPER: Okay. Because, again, according to my reading of it, it says that it would not, they would be disapproved, the application would be disapproved if there is a conflict of safety related codes and a conflict with the historic nature and character of a neighborhood or historic district. COUNCILMAN DINIZIO: Sir, can I comment on that? Disapproval doesn't mean what you think it does. It would be disapproved by the building inspector, he would look at the code, he would look at their application and as was done in this case, they were disapproved because they were in an area where they could not build a tower. Which is the reason we are here right now today, is to insert a law in there so they can get passed at. Then they still have to go, under the disapproval by the building inspector, to the Planning Board because they need Planning Board approval for it. They have been disapproved by our codes. It is not like they can go to the building inspector and get just a building permit. They have steps that they have to take. I am just trying to say, the disapproval that you are reading there is government speak. It is not like someone disapproving of it, it is just because it doesn't jive with our code. SUPERVISOR RUSSELL: It is the necessary first step in a process. MR. HARPER: Okay. It also says the maximum distance of all wireless equipment to adjacent property lines or streets shall be less than 500 feet. I think Mr. Barnes did a good job in measuring, Academy Printing seems to be within what I would understand to be the fall zone of the tower which is twice the height of the tower. Would be 160 feet for an 80 foot tower. I believe Mr. Barnes said 139 or 129 feet.... COUNCILMAN DINIZIO: That would be part of that application. SUPERVISOR RUSSELL: Yes. This would all be information that would be gathered and vetted by the Planning Board. COUNCILMAN DINIZIO: I mean, unfortunately, you have come in on the very beginning of what is a very long process for them. MR. HARPER: I guess my concern is why change the law at the very beginning of the process? It would seem to me that if it doesn't seem to, the Planning Board shouldn't approve it. I looked at the building permit requirements, they don't seem to meet those. The site approval plan. You also have a place in there that has to do with exceptions. And it looks like they wouldn't make it under any of these things. COUNCILMAN DINIZIO: Well, let me ask you this? MR. HARPER: Mmhmm. COUNCILMAN DINIZIO: Who gets to say that? Page 15 February 11, 2014 Page 16 Southold Town Board Meeting MR. HARPER: Who gets to say what? COUNCILMAN DINIZIO: Who gets to say they don't qualify for it? MR. HARPER: I would hope that the town does because that is your code and I would hope that you are to uphold it. COUNCILMAN DINIZIO: Right, right. That is why we have the building inspector, because they get to decide what our code, what complies to our code and what does not. It is not that you think that it is or even that I think, while they make the application, they have to prove their application. That is why we have these Boards set up and that is why we have our codes. They must follow those codes, if they don't follow the codes, they don't get it. again, you are at such the very beginning of what is a process that takes three or four months for them to complete, you know, you could follow that process. And I would ask you tonight,just to be patient. MR. HARPER: And I want to be patient and then have you vote.... SUPERVISOR RUSSELL: I would also suggest that those are the types of questions that the public would be bringing to the Planning Board because it would be subject to several hearings. MR. HARPER: I am not sure how the town might interpret 500 feet differently than the way I would, 147 feet away from a tower that is 80 feet tall, it, I don't think, political speak or town speak or anything else, I think it will not, it shouldn't fly. Anyway, I could read more of the town code but I guess you are going to give me the same answer as that. Just a couple of things, I did want to talk very briefly about the health risks also and I know I am taking a lot of time. I did drive throughout Southold Town and I think I mentioned before I have Verizon as my carrier. I went down to Cedar Beach and I never lost my cell signal. I had two bars all the way down. I had three bars at Cedar Beach. It seems Verizon has better coverage and there is an option for co-locating an antenna on to another tower. Is it possible for AT&T to co-locate on one of the Verizon towers that seems to get better reception? SUPERVISOR RUSSELL: There actually, co-location is actually a requirement of the town code. Co-location is a preferred option. The problem is, the applicant would have to come in and show there is a need in this area. AT&T is saying, we are prepared to show there is a need in this hamlet center and the problem is, we have the right to say yes or no when it is our property. We don't have that right to say yes or no when it is someone else's property. If AT&T does all their research and they demonstrate to a jurisdictional board like the Planning Board that they need coverage in this area, then they can build a tower. I mean, that's, the co-location's actually ironically, Verizon is I think one of the tenants that was interested in co-locating on the tower that was proposed. So you know, they are looking for space on towers. It's, you know, down at the police station we have several leases with people like Verizon and others for the co-locations that take place there. MR. HARPER: Okay. I just, since the health risk was brought up again, I know my wife had emailed you all a video from a guy named Dr. Anthony Miller. Mr. Dinizio, I know you are concerned with the research that I had brought up last time was that it was old research. Those Page 16 February 11, 2014 Page 17 Southold Town Board Meeting by the way are longitudinal studies. Most of these cancers don't manifest themselves for 10 to 15 years. So a study that started 15 years ago concludes now. those two studies, one called the Israeli, one called the German study found a, one found a three times greater health risk for cancer in close proximity which is 1,500 feet of a cell tower. The other found a four time greater risk of cancer. And if you all watched that video, I just want to mention what Dr. Miller said, he works with the World Health Organization, he has a medical degree from Cambridge University and St. Bartholomew's hospital in London. There is a page of his credentials here and I would imagine that none of us here could match his training. He has found there was a study in 2011 where they said that radio frequency fields are category 2A carcinogen. I am sorry, 2B carcinogen. That means they are a probable cause of cancer. Each study that they have done, the next study they did was in 2013, found it more likely and they have upped in now. He's commented, it is just a paragraph but I would like to read it, he says `those in public health believe in prudent avoidance. We are particularly concerned when dealing with something like cancer because most cancers have very long, natural histories. They are influenced not only by our genetics, there are people among us who are more susceptible than others to the external influences that increase the risk of cancer but we do not know who they are. We also know that when you deliver a potential carcinogen over a wide area of the environment, you expose numerous people and you may increase the risk to a small population but you cannot identify who they are. But that doesn't mean there is no harm. And as you increase the dosage of radio frequency fields, you will in fact, increase the hazard.' And this is his statement to the board of Toronto town when they wanted to put up a cell tower. But it seems that unless I can be assured that the proposal before you is actually going to reduce exposure, it seems it is going to increase it and that you are setting the scene for increasing cancer risks. Probably brain tumors and several other cancers that you will not be able to identify for 10 to 15 years. I think this is an important responsibility that we have to protect the public in the future and I think you have that responsibility also. Thank you for your attention. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? GARY QUIST: Good evening, council. Thank you for the opportunity to speak. My name is Gary Quist, I live here in the hamlet of Southold. Not quite as close to this location as John but relatively close. I want to speak in favor of a more thorough cell phone coverage for the north fork. Anything that you folks can do to enable better coverage, whether it is AT&T, Verizon, Sprint or whatever carriers are out there, I am in favor of. I am not sure that this particular tower that is being discussed here tonight and seems to be quite an emotional thing is the best plan going forward, I think it surrenders town control to a private concern that may not be as interested in co-locating other facilities on their tower and as you mentioned, this could be the camel's nose under the tent. You amend this code to allow this tower, we could have Sprint 300 yards down the road, Verizon 300 yards behind us and whoever else wants to come along 400 yards in the other direction. I would speak in favor of the town, instead of being forced to react to somebody else's interests here in Southold, that the Town Board take our interests into consideration and act first and that is, build our own tower here, force everybody that wants to do business here in this town onto that tower and that way we can control the revenue from the tower going forward, we can control where it is built. Now this has been mentioned as the best location. I am sure there are locations nearby that are 95 percent as good and only75 percent as offensive to the local population. So I would like to see a wiser decision made on this as Page 17 February 11, 2014 Page 18 Southold Town Board Meeting opposed to a quicker decision. The cell phone issue is not going to go away, if it is voted no, it will still be here to come again in the future. But once we vote yes, it is going to be very hard to get that tower down. That is all I have to say on the cell phone tower. With respect to the deer, the quicker you can cull them, the happier I will be. Thank you. SUPERVISOR RUSSELL: Thank you. Can I just address, he actually raised a good point with regard to constructing our own tower. We actually looked at that as an option. The problem was, the construction of a tower, by the time you generate the revenue, the revenue would just be feeding the debt service on the tower. So we didn't, economically it didn't seem to make sense to us at the time. One of the reasons we made town properties a priority was so that we could start controlling cell towers which are heavily protected by FCC law. One of the issues we had, emergency management, was backup generation. We want cell phone tower carriers to go and get backup generations to last two and three weeks after the lights go out. During hurricane Sandy, during hurricane Irene most of the complaints I got from the public was my device stopped working after a day or two because they only had battery backup generation. We had actually proposed legislation to require two or three weeks. We are preempted, the FCC let us know, you don't have local authority or jurisdiction to do that. They are regulated by us and we don't require it. by being a landlord, we have the right to insist on that as part of the lease. So that was part of the, I am not saying that, that certainly justifies you know, a cell tower. It was several different things that we were evaluating at the time. But with regard to your first point, we thought it was a good idea, too. We just economically couldn't make it work. MR. QUIST: I am comforted to know that you guys really do appear to have done your due diligence on this, I would just add because you said from an economic point of view it does not make sense. Economics, this is not a business, so return on investments should not be the same consideration for our government as it should be for Exxon Mobile. So, the economies do not matter to me nearly as much as doing the right thing for not just everybody here but for the next 30 or 40 years to come. Thank you. SUPERVISOR RUSSELL: Would anybody else like to.... BARBARA MCADAMS: Good evening, I am Barbara McAdam from Cutchogue and I am hearing recurring themes tonight. Whether it is the discussion of the deer cull or constructing the cell phone tower, why do we want to give away our authority and control whether it is to a business consortium or the Long Island Farm Bureau and the feds? You know, being a 20 year resident of Southold and I understand on the Southold continuum 20 years is very miniscule but this is not the Southold that I have seen in recent history. In recent history when we had tough issue to decide, the people were involved. We had stakeholders from each hamlet to decide over a long time, where we wanted to go as a town. How we wanted to plan our town and it just seems to me that there are so many holes, so much, there is so much information lacking whether it is in discussion of the cell phone tower construction or in the deer cull. Why is that? I just have a couple of questions that I would like to pose specifically about the deer cull and I did attend the last meeting in January and I came away wondering a lot, so maybe somebody could fill me in on these points. First of all, the number of deer. At the last meeting it was said that the surveys to determine the number of deer and you can't really know the exact number, that you can only make estimates, was done in places such as the Wertheim Preserve which is down Page 18 February 11, 2014 Page 19 Southold Town Board Meeting around Shirley, East Hampton and Shelter Island but none on the north fork here. So it seems that we don't really know the number of deer that we have, all we know is the number of deer that you want to kill. Which I believe at this point is 1,000. It has been reduced since the other towns backed out. SUPERVISOR RUSSELL: No, I cannot confirm that. We haven't, you know, we haven't executed any contracts or anything like that. The USDA will have to indicate to us what they think will be a reasonable number if they move forward, as they move forward. Let me just speak to one point with regard to the cull. Actually the number of deer is calculated by the DEC based on the nuisance permit activity, things like that. I believe they calculated the east end to have about 68 deer per square mile, that would put the number at between 4,000 and 5,000 in Southold. They estimate 30,000 for the five east end towns. Obviously if you just segment out Southold, I think if you use their calculations you would be between 4,000 and 5,000. MS. MCADAM: The deer are being scapegoated and you know, other points that were made at the last meeting relating to crop damage and I understand that the farms and the wineries drive a lot of our economy and I am not quibbling with that. However, in 2004 Cornell stated that there was $1.75 million in crop damage. In '09 it was up to $5 million, yet the statement was made that east end farms donate more produce to food pantries than any other area in New York State, so how much actual damage is there? Last summer I spoke to a local farmer in Cutchogue and he was complaining about the damage the raccoons were doing to his corn crop and he was saying they decimated most of the acreage of corn. But the deer are getting blamed for that as well as for the damage that other animals do. And I am not out to say well, let's get rid of those animals but you know, the deer are bearing the brunt of all of our complaints. The damage to the eco-system. You know, eco-systems are amazing and I have some information that you might want to look at. maybe if you get a little bored during the meeting you can take a peek at it. Eco-systems are not always aesthetically pleasing to us and you know, one summer you might walk through a forest and beautiful wildflowers growing there and the next summer all the wildflowers are gone. It is not because the deer have eaten them, it's that that's the way that particular eco-system is regenerating and maybe it is positive, it just doesn't look nice to us and we automatically think, oh, the deer are ruining it. so, that is something else that we really need to study and consider. And it's this lack of scientific evidence and study and debate from local stakeholders that I think is missing in this whole process. And I think people would feel a lot better about it if we really had that voice, if we had the opportunity. Certainly you would have people that represent both sides and I think passionately enough that they would do it in a very responsible way, as they have in the past here in Southold when we had difficult decisions. So I really mourn the fact that that hasn't happened with this issue. And question about the results of the cull, what is going to be the economic impact on Southold? You know, we have had press national syndicated press that is not very flattering to Southold, in the form of cartoons mocking us and satirizing us with you know, the deer and the swans and the geese. Telling the little frog, you are next buddy. You know, and really making us look foolish. How is this going to affect our tourism industry? How is that going to affect people, oh, you know I am not going to that farm to pick my pumpkin, you know, that guy was in favor of the cull. So, how is that going to impact us? We don't know. The liability. If we bring the feds in to do this sharpshooter program and believe me, it has nothing to do with guns, I am a card carrying NRS member. But what they are going to do is cold-blooded murder and if someone should get hurt or god forbid Page 19 February 11, 2014 Page 20 Southold Town Board Meeting killed in this process, what is going to be the liability? The negative impact for us economically in that way? And again, I guess maybe as I get older I am thinking about things more philosophically and this quote from Albert Schweitzer I think says it all, he says `until we extend our circle of compassion to all living things, humanity will not find peace' I pray for that peace here in Southold. I would like to just pass on some information for you and again, you can do with it as you will. SUPERVISOR RUSSELL: Sure. Yes, I will make copies for the Board. Would anybody else like to address the Town Board on any issue? ZACHARY AUER: My name is Zachary Auer, I live down on Main Bayview. I would like to talk about the deer cull. Everyone here is a hunter, correct? All these guys are hunters and you have a professional going out there. Is that professional hunter from DEC? SUPERVISOR RUSSELL: The USDA? MR. AUER: Is a biologist a hunter? SUPERVISOR RUSSELL: There is no reason, one doesn't preclude the other. You can be a biologist and a hunter. MR. AUER: Well, I am asking was the biologist a hunter? SUPERVISOR RUSSELL: I believe they are trained marksmen, you know, that hunt.... MR. AUER: That is not a hunter. SUPERVISOR RUSSELL: Which are you talking about, the USDA biologist or the one that we called out from Cornell? MR. AUER: These are your professionals that have gone out to count the deer, are they hunters? SUPERVISOR RUSSELL: Not to my knowledge. MR. AUER: Okay. We are all hunters. We are professional, if you want to say, killers. Hunters are killers. We go out and harvest our animals. But you are going to hire a marksman, a professional sharpshooter that does it for a career, we as the hunters are culling out to do it for free. To cull the deer for free. You don't have to put any money down, alls you have to do is change a few laws. I hunt off of Main Bayview, all the time, I hunted there for probably about 3/4 of my season. I had people interrupt my hunts, coming out from up west and I asked them, you know, are you coming out here to shoot the does or are you coming out here to look for a big buck? Eighty five percent that are coming out from up west are looking for the big bucks. We have big bucks out here. I shot a lot of deer off of Main Bayview, does. I only shot two bucks this year. you know, I didn't go after any trophies. And you have people like me, the younger generation that just likes to go out and enjoy nature and shoot the deer. You know, take them home, I donated a lot of deer this year. You have other people, residents, that are all worked up, getting them worried because you are going to bring someone in with a rifle. They banned rifles Page 20 February 11, 2014 Page 21 Southold Town Board Meeting from Long Island for a reason. You are not allowed to shoot a rifle on Long Island for a reason and you guys want to bring that back into the town? The deer, say you have that much acreage with nothing on it, right? Clean slate. Just woods. You put a house here, take an acre out, put a house here you are going to take another acre out. You know. This year we had a lot more town property open. A lot more people were able to hunt on that property. One person walks into the property, the deer know you are there. they are not stupid. They are going to know when I am on the hunt. So where are they going to get pushed to, they are going to get pushed to that persons house and then the next day they will be back in the woods and going to push them out again. they go onto those people's property. The deer are getting pushed around. It is not a lack of hunters, it is a lack of not being able to get the deer herded up in a certain area to be able to kill them. There has been multiple times when I am like, oh, I know that lady is feeding them in her backyard because you watch the deer go along.... SUPERVISOR RUSSELL: I know. I know. MR. AUER: And go right to her house or they go right to the next door neighbor's house. You say that there's no other options than bringing in the marksmen, there is other options. If you put a feeder on town property and gave us a permit to go shoot them, only does, the deer are going to come to the it. you are not going to have a problem with them going elsewhere. SUPERVISOR RUSSELL: Right. Just let me, we actually did just that. We went to New York State first, I am speaking to you as a hunter from Southold. I think you can agree that Southold has done everything it can to open up as much land as possible to local hunters. We actually, over the past few years since this program has been under way, we are up to 684 acres of total land that can be utilized as part of the hunt. 362 acres is Southold Town for Southold Town residents, another 326 is for all residents of Suffolk County including a lot of the gentlemen sitting behind you. That is almost half of the property in Southold, is dedicated to people from the entirety of Suffolk County not just Southold. On the issue of baiting and all of that, we actually applied for a nuisance permit as a town just like the farmers do. And we were able, we are able now to bait and all those things but I agree with you, I think the hunters can do it and we wouldn't have to spend the money if we can get the hunting regulations changed. In the current environment, I sat down with Ken LaValle, I sat down with Fred Thiele to get hunting restrictions eased. What we were able to get was legislation passed that allowed town's to shape hunting regs to its specific needs. Reducing setbacks for archery from 500 to 150, we got legislation proposed and we got it passed the Senate. It got held up in the Assembly by a gentleman named Robert Sweeney, who doesn't agree with it. But Fred Thiele did propose it. the problem is those regulations are promulgated by New York State not by Southold Town, so we have to go hat in hand and try to get them to change those regs and we have gone with hunters, Southold hunters on a regular basis to get t hese things changed. But all of those regulations really hamstring what farmers can actually get done in the current legislative climate. But I agree with everything you are saying. MR. AUER: Right. You can also extend the season. SUPERVISOR RUSSELL: We can't but the State can. I agree with that. Weekend, restrictions on Saturday's, all those things are ridiculous, I agree with that. Page 21 February 11, 2014 Page 22 Southold Town Board Meeting MR. AUER: Right but would you allow a sharpshooter in your yard with your kids outside? SUPERVISOR RUSSELL: Well, my kids wouldn't be outside if I signed a permission slip but a sharpshooter cannot go on property unless the owner gives him written permission. Written authorization. There are many farmers out here, many landowners out here that are more than welcoming to the USDA or anybody else because of the deer infestation, the deer problem. I live on a 55x125, so I don't think a sharpshooter or anybody would be appropriate. MR. AUER: Would you allow them on your property? SUPERVISOR RUSSELL: If I had 30 acres and I had a problem, absolutely. I wouldn't think twice about it. if I was a farmer struggling to make ends meet like Sepenoski, absolutely, I wouldn't think twice about it because they are already allowing, like Sep's and others, they are already allowing hunters on. The problem is with restrictions and everything else there is only so much hunters can do. MR. AUER: There is only so much because you can only kill so much. SUPERVISOR RUSSELL: Point well taken. Unidentified: Inaudible. SUPERVISOR RUSSELL: We did. I actually went up to Stony Brook with other people from Southold Town, talked to Josh Stiller, I don't know if he is still there, a wildlife biologist for the DEC, to talk about that restriction and then he took all of that data from the past few years that showed the reason for the nuisance hunts is to reduce crop damage and all the hunting that was taking place was after the crops were already harvested for the season. And he said the problem is the farmers aren't getting the hunters to go out there during the season, so his position was, you are not being consistent with why you had the nuisance permit all along. But again, these are the types of issues that we have to deal with. You know, we don't get to regulate the DEC, they regulate us. We don't get to change state law, so we agree with all of this and we have been banging down the doors, we have been driving to Albany, we have been meeting with legislators, we have been fighting all those fights for 7 or 8 years now. We're just not making a lot of headway because we are faced with a state that still views deer as wildlife and they regulate it like wildlife when they really should start regulating it more along the lines of pest control. Because we have reached such a critical stage and I know people aren't going to like that comment but that's the reality. VINCENT (INAUDIBLE): My name is Vincent (inaudible), I am a hunter here in Orient and the Town of Southold. I belong to hunters for deer, I have several questions, a little lengthy but several questions just the same. I asked this question at the last meeting, it is very easy it seems to allow the federal government, the USDA, to come in here and authorize them it seems on the cuff to harvest these deer, cull these deer by the thousands and it is not so easy to change the laws or the rules or the regulations by a town as you so stated. And rightly so, I understand what you are up against, however, we as a group of 5,000, 5,000 bow hunters on Long Island offer our services professionally without pay. I have been doing this 35 years. I am 50. 1 have no Page 22 February 11, 2014 Page 23 Southold Town Board Meeting criminal record, I have no criminal background. No one I know has a criminal record or criminal background. We offer up our services with a background check if you need it. we will supply you or your residents or your town members or the board with our background checks. We don't have to do that. We will do that. That's our reasonable effort to show you how responsible we are. However, it is okay to allow, I don't know who, to kill, murder these deer. Because I don't know that these guys are just going to come in here and you are going to tell me that one guy, a group of three as it was posed in the last meeting, a group of three will bait, erect an elevated platform, shoot from the elevated platform with one shooter, one spotter and one who retrieves the deer. Sir, I was trained by a United Sates marine to shoot. I can shoot as many deer as you would like me to shoot with a rifle. I choose not to. However, I digress and go back to my initial comment, you are going to have one person run out there, grab a deer, 140, 150 lbs, drag it out of the way, gut it, leave its entrails as it lay in the woods and then continue to harvest deer. So you say to yourself, you are a hunter, yes? SUPERVISOR RUSSELL: No, never hunted in my life. VINCENT: Upon the fire of any weapon... SUPERVISOR RUSSELL: I have been a gun shooter all my life,just not a hunter. VINCENT: Okay, upon firing any weapon, I own the most expensive bow that you can buy right now. it is as quiet as it possibly could be. Much quieter than suppressed firearm. Decibel level of 2. A suppressed firearm, suppresses the firearm shot at 8 decibels, okay? That shot from by bow scatter deer everywhere. So to say or to assume what you are being told by the United States Department of Agriculture that the suppressed firearm is a much more effective way of taking these deer out of the eco-system is redundant. Redundant. You are being misled, you are being misinformed. I am not here to say I want to shoot your bucks, I understand there has been comments made that we are bullies, no we are passionate. I am sorry, folks, I am passionate. I do not go out there with blood lust nor does my wife. Nor does my children. I do not nor have I ever not felt remorse ever and you can ask any one of these gentlemen sitting behind me or in this room that they never ever felt remorse for what they harvested. And I say harvested. Yes, we kill them, I am sorry but that is the fundamental fact. But these gentlemen who are going to come on our property, Long Island, I understand I am an up islander but it is still our property. Deer are our property, our responsibility. Yes, ma'am? UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: Can I just ask that all the comments be addressed to the Town Board? And then you can raise those issues at the end of the meeting. VINCENT: The matter of which the deer are taken, you are being misled, sir. Thirty five years here on Long Island hunting. I am 50 now, I started hunting at 6. Grew up in the Bronx and went upstate to hunt. I know what I am talking about. I don't a biological degree to tell you that you are being misled. And your town's folks are being misled. You are being fed disinformation. Last meeting, case in point, deer are a great big buffet for ticks. I shot 5 deer this year, really, 5 deer. There was one deer that had a mass of ticks on his head. Out of 5. You Page 23 February 11, 2014 Page 24 Southold Town Board Meeting are not being given the right information, sir and your town's people are not given the right information. You are being sent into a panic. You are given information based on a proposition where someone is going to make money. And we are not going to charge you anything. And we don't think our deer remand $25 per head, sir. Because if you kill 1,000 of them at $250,000. Sir, that is wrong. It is reprehensible. And redundancy sir, is the mother of insanity. And I don't really believe that you people or anyone in this room for that matter, hunter or not, activist or not, animal rights or not, believes that this is absolutely and by all sense and sensibility the right thing to do. Sir, I was taught by a United States marine to fight for what I believe in. if I am wrong, as a man, I should fess up when I am wrong, and sir, will fight till the day I die that this is wrong and what this town and the good people in it are being fed is wrong. It is wrong. And you know it and I know it. And it is okay, it is okay to admit you are wrong but to let this federal government come in and cull deer, you are being misled. Deer are not a big breeding ground for Lyme's disease. Now matter of fact, the white footed field mouse is the major cause of Lyme's disease. Has anybody given you that information? SUPERVISOR RUSSELL: We actually met with people in the medical profession, don't forget, this wasn't some pell mell, I think you just made this implication that we just recently decided to do this in a panic. This has been going on for 8 years. We have had all the experts, we have learned far more about Lyme disease and the larvae stage and everything that I ever thought I would get to learn growing up. So we have h ad all these conversations. VINCENT: Inaudible. SUPERVISOR RUSSELL: The life cycle of a tick relies on the deer mice and others for the larvae stage however, they need a large, warm-blooded mammal to lay eggs. So they are going to latch onto a warm-blooded mammal so that they can drop off and then lay eggs. VINCENT: What gives you Lyme's disease? Is it the tick itself or the mite? SUPERVISOR RUSSELL: It would be, I believe the infected tick. VINCENT: It is the mite, sir. SUPERVISOR RUSSELL: At the larvae stage. VINCENT: At the larvae stage. That is where you get the Lyme disease. That is where my wife got it. that is where I got it. I have been in the woods a long time, sir. Your woods, my woods, my property upstate. I know the (inaudible), I know the deer. Why then, is my next question, it is more like 10. I volunteer for the United States DEC myself to teach hunters ed, bowhunters course. Hunters education gun course for 5 years. Ten years, sir, ten years it has taken for you to be duped and to dupe us as a collective, sir. Ten years to change legislation on hunter regulations so that people can live safely and then all of a sudden say, no, we are going to allow 50 federal marshals or federal agents to come in here, supposedly marksmen, okay, to come in here and cull deer. When were they trained? How long ago were they trained? What was their training, what did it consist of? Do we have an environmental impact? Page 24 February 11, 2014 Page 25 Southold Town Board Meeting SUPERVISOR RUSSELL: Most, they have, yes, NEPA, it was done by the federal USDA. The federal version. VINCENT: Where is the environmental impact statement? SUPERVISOR RUSSELL: You can probably get it from the USDA, a NEPA was done by the USDA. VINCENT: Has anybody in this room seen the environmental impact statement? SUPERVISOR RUSSELL: It was evaluated as part of the SEQRA process. VINCENT: How did the DEC come up with this (inaudible)... SUPERVISOR RUSSELL: The DEC or the federal, NEPA is a federal document. VINCENT: The DEC is the one who gives you the prolific information on the statistical growth or harvest rate, how do they come up with that? SUPERVISOR RUSSELL: If you are going to argue, I mean, we want to hear you but we just, I am not going to go over the details. We have, all the decisions have been made, the SEQRA process has been made, the Town Board has to vote on it as to whether we accept the findings. We are not going to re-review the process tonight. VINCENT: That is what we are here for. We are here to understand what the Town Board who represents obviously the town's mass, what the Town Board, what their actions were or un- actions or in-actions or the ability to take action due to one reason or another.... SUPERVISOR RUSSELL: I am going to defer to the Town Attorney. Martin, is there any legal component to this discussion? That we need to be mindful of? TOWN ATTORNEY FINNEGAN: I think what is before the Town Board tonight is an action which is a contribution of $25,000 towards an effort that is underway by the United States Department of Agriculture and the Long Island Farm Bureau. Independent of what the Town Board does, that action is underway and that action has been evaluated environmentally by the federal government completely. So the Town Board has been asked to support the action, they have considered all of the impacts that are affecting the Town of Southold, but this is an agricultural effort, it is aimed toward protecting agriculture in the town which is an action that is exempt under SEQRA. It is a type II action which is... VINCENT: The fact that it is a type II SEQRA action, who informed you that it is a type II SEQRA action? TOWN ATTORNEY FINNEGAN: That's what our planners who did the evaluation determined because of the type of action that it is, there are exemptions under SEQRA for agricultural actions. Page 25 February 11, 2014 Page 26 Southold Town Board Meeting VINCENT: What planners did you use to obtain the SEQRA action? TOWN ATTORNEY FINNEGAN: We have planners who are town employees who did the review. VINCENT: I don't believe that the town can pass on their requirements to another department within their own town. TOWN ATTORNEY FINNEGAN: Why not? SUPERVISOR RUSSELL: Why not? TOWN ATTORNEY FINNEGAN: Every action the town takes is evaluated internally by the town. VINCENT: I think it all has to do with your type II, where you didn't have to go through the SEQRA which a type II to me, I think you are basing this on an emergency situation that this deer population needs to be taken care of TOWN ATTORNEY FINNEGAN: No, it has nothing to do with an emergency situation, sir. VINCENT: Okay. Well, I am under the impression that if the uh, an EAP should have been at the beginning stages of this. Long form or short form whichever was used, I don't know. And I don't know that that has ever been presented for the public to see or if an environmental impact statement was done by the federal government which you may use as a basis to making your decision but it is not to control your decision, you may use it and who was it prepared by? And when was it finalized? And is there a copy available to anybody? Under the Freedom of Information Act, I would like a copy. TOWN ATTORNEY FINNEGAN: You can send a request in, sir. VINCENT: Okay. Well, why isn't that readily available to the public. Where these discussions have been in the past on this same issue. SUPERVISOR RUSSELL: All of our discussions have been public and I know, Barbara, and I know you very well Barbara and I do want to correct one point that we are not including the public. You know we have had more than just one forum, we have had several forums with the discussion of deer management. We have been more than public about this process right along. Most of your questions should be directed to the USDA, they are the lead agent, they are the ones that are working with the Long Island Farm Bureau to get the ball rolling, to get this underway. VINCENT: Why would the town want to spend $25,000 when there is already $250,000 in the pot? SUPERVISOR RUSSELL: The $250,000 that was secured by the Long Island Farm Bureau was to fund an east end initiative. That was 5 towns and several villages. I have gotten no indication Page 26 February 11, 2014 Page 27 Southold Town Board Meeting from the Long Island Farm Bureau at this point that they intend on spending $250,000 in Southold Town. The scope and scale of what they spend depend on what the findings of the USDA are under how much land is available, based on the permission that is needed, what is the census, what is the canvassing. All of those factors and decisions have yet to be made. We are relying on the USDA here to give us guidance as to what they think they can do. Also, the USDA is not a new entity to Southold. Every year they are doing a nuisance hunt on Nassau Point under contract for the Nassau Point property association. The gentleman from Orient that spoke before saying we are being sold a bill of goods, we get to see it in action because they do it each and every year in Nassau Point. And we have seen the results. The property owners in Nassau Point will tell you they have seen a marked difference as a result of those annual culls. VINCENT: Inaudible....given the opportunity to go down and do the same job the federal government is doing. SUPERVISOR RUSSELL: Believe me, I agree with you, let me ask you? How can we help you move the ball forward because lord knows, we have been fighting this fight and I told Mike Santori this several times, we will join with you and fight the fight, stage the battle, wherever we need to. VINCENT: Inaudible. SUPERVISOR RUSSELL: No, but, no, no... VINCENT: We don't even want to come here and hunt your deer to be honest with you, it is the principle,that taxpayers dollars are at stake here... SUPERVISOR RUSSELL: I appreciate the principle, I really do but I need to stress to you how important it is for us to work together so things change in the future. We have been fighting the fight, we are going to ask to join with you and you join with us. VINCENT: Inaudible. WENDY CHAMBERLAIN: Mr. Supervisor, Wendy Chamberlain again. in that packet that I gave you along with a letter from our attorney... SUPERVISOR RUSSELL: I gave it to my attorney. MS. CHAMBERLAIN: Well, good but attached to that is a humane save the deer management plan which you really need to consider before you go ahead. If you haven't seen this plan, it has got new elements and you really need to take a look at it before you go ahead with this plan. There is no reason to do this. Number two, I ask that we all see or at least I get a copy of the Long Island Farm Bureau for the east end deer management program. What is that? Where did that come from? It used to be just the Long Island Farm Bureau, the Long Island deer plan, that was what it was between the farm bureau and the USDA. Now you have got this new thing. I want to see a copy of that. If you are voting on that and you are discussing that, I demand to see a copy of that. Under the law, I have a right to see that plan. Isn't that right? Mr. Finnegan? Don't I have a right under the law to see whatever you are discussing? Page 27 February 11, 2014 Page 28 Southold Town Board Meeting TOWN ATTORNEY FINNEGAN: You can certainly request a copy of it. MS. CHAMBERLAIN: You are discussing the Long Island Farm Bureau for the east end deer management project. What is that? Can I see it? SUPERVISOR RUSSELL: Sure. Feel free to request it, absolutely. MS. CHAMBERLAIN: No, no, I don't want to request it. you are discussing it here in a public meeting, I want to see a copy now. TOWN ATTORNEY FINNEGAN: We are not discussing that plan. SUPERVISOR RUSSELL: Yes, the plan isn't, we are discussing a SEQRA finding and we are discussing an allocation of resources to Long Island Farm Bureau. MS. CHAMBERLAIN: No, you are discussing this plan and you are voting on it tonight. It is right here. Don't give me this runaround. SUPERVISOR RUSSELL: I am not giving you a runaround. MS. CHAMBERLAIN: It is not fair. Th is is not legal, this is not democratic. Resolved that the Town board of the Town of Southold hereby that the proposed recommendations for the Town Board of the Town of Southold to contribute $25,000 to the Long Island Farm Bureau for the east end deer management.... UNIDENTIFIED: Inaudible. MS. CHAMBERLAIN: What is that? Let me see a copy. If you are discussing it, by law, I need to see a copy, we all do. TOWN ATTORNEY FINNEGAN: No, you can request a copy. MS. CHAMBERLAIN: No, I am here, I am requesting... TOWN ATTORNEY FINNEGAN: Make a request... SUPERVISOR RUSSELL: You know what? This is turning into a circus. I am going to ask you to be polite. Benja, you had your chance to talk. Will you please address the Town Board? I am going to listen to you but this back and forth has got to stop. MS. CHAMBERLAIN: You refuse to show me a copy.... SUPERVISOR RUSSELL: No, what I am saying is, I am not refusing anything, make a request. TOWN ATTORNEY FINNEGAN: You can make a request and the town will respond in a reasonable time frame. There is no requirement, no, no, that is ridiculous. There is no requirement that it be produced when you stand up and demand it. Page 28 February 11, 2014 Page 29 Southold Town Board Meeting SUPERVISOR RUSSELL: That is not reasonable under FOIL. MS. CHAMBERLAIN: It is the law. TOWN ATTORNEY FINNEGAN: There is a law that requires production of documents, you are absolutely correct. It doesn't say that it has to be produced when you stand up at a microphone and ask for it. that is ridiculous. MS. CHAMBERLAIN: Inaudible. TOWN ATTORNEY FINNEGAN: No, it is not here. There is a resolution that involves a SEQRA finding, it involves an allocation of money. MS. CHAMBERLAIN: You talk about visibility. This is shameful. There is no visibility from this Board. Most of your people in Southold don't know about this and when they find out the details of how it is being done (inaudible) they are horrified and they are ashamed of you. And Southold is going to become if you are able to get away with this, the capital of the largest deer cull in the history of New York State. You are going to be deer kill of the century. And you think people are going to want to buy your wines or buy your agricultural product, boy, you are going to have a farm problem then. ROBERT CHAMBERS: Hello, my name is Robert Chambers, I have been a bow hunter since I was 18 years old, I am 60 years old, so I have been bow hunting for 42 years. I own 100 acres upstate in Delaware county. I hunt up in Delaware, I also hunt in East Hampton on county parkland. In East Hampton, I am allowed to go over there October 1St and start hunting on the county parkland. In Southampton the areas where I have access to, I can't hunt until November 15t". I don't know why this is difference, that it starts a month and a half later over here in Southold but I have been hunting over in East Hampton for 5 years now and no problem October 1St. I want to go over the math. The $25,000 and they say they are going to shoot 1,000 deer. Okay, that's $225 per deer if they shoot 1,000. If they shoot 500 deer, it is double, it is $550 per deer that they are going to charge. And also I heard that the butchering is going to be extra town expense. So if you add on another$100 you are up to $650 per deer that it is going to cost the taxpayers. So I don't think they are going to kill 1,000, they say they are going to try but they are going to take $225,000. That is a lot of money. SUPERVISOR RUSSELL: The presumption you are making is that it is $250,000 secured by the Farm Bureau that they are going to spend all of that money. You have to remember that number of 1,000 as revised based on the lack of participation of other jurisdictions. I have to presume that the $250,000 is going to be revised similarly but I don't believe th at they have developed the final budget yet because the USDA is still doing the ground census. But I think it would be more than misguided to suggest that the Long Island Farm Bureau is going to spend $250,000 in Southold, we are going to pony up $25,000 and for $275,000 we are going to take 1,000 deer. I just, that is not a realistic scenario. MR. CHAMBERS: Okay, so the numbers have been redone then. Okay. SUPERVISOR RUSSELL: They would have to be. I have to presume they will be. Page 29 February 11, 2014 Page 30 Southold Town Board Meeting MR. CHAMBERS: I just want to mention, I think, I read the butchering is extra. INAUDIBLE COMMENTS FROM AUDIENCE SUPERVISOR RUSSELL: I believe the DEC pays for the butchering, on a poundage basis. MR. CHAMBERS: I have, uh, I think one more question. Who is going to field dress the deer and is that going to cost extra? SUPERVISOR RUSSELL: We are looking for volunteers now, we have gotten several. MR. CHAMBERS: Okay, so that is not figured in. SUPERVISOR RUSSELL: Yes, local hunters have been more than willing to step forward and help us. MR. CHAMBERS: Really, okay. COUNCILMAN DINIZIO: We could use some more volunteers. SUPERVISOR RUSSELL: Yes, we could certainly use more people to make it more successful. MR. CHAMBERS: Inaudible. I don't know of any volunteers. I actually belong to a club with 500 members and there was no volunteers at our meeting. Nobody stepped forward and put their hand up. I don't know where you are getting them from. That is all I have to say. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Please. ANNE SURCHIN: My name is Anne Surchin, I live on Youngs Avenue. I too am on the Landmarks Preservation Commission. I am an architect, I have done preservation work and restoration work for my entire career. I have authored a book on the houses of the Hamptons, 1880 to 1930 which covers the gilded age of architecture in the Hamptons and relates as well to the east end. I look at this amendment that you want to add to the code as Pandora's box. And from the historic preservation point of view because it isn't just this one site. Now it may have been ingeniously conceived so that it could apply to other sites to look like we were doing spot zoning on this one site but when we look at the potential for future historic districts, I think in a way the fact that this amendment might exist will put the cabosh on people wanting to establish a future historic district because they just won't know if that one piece of commercially zoned vacant land could be turned into a tower. I also have a problem, aside from that with the notion that if it were any private citizen this parcel behind this building, it won't happen. So I mean, I can't reconcile that in my own mind. With the health issues, it is something to be concerned about certainly. There's old science, there is new science. There was a paper delivered to the FCC in August that talked about other things besides cancer. Low sperm counts, all kinds of strange things happening to people. And what the thrust of the paper was that while the FCC wants to lessen its restrictions that could get people to an ill health, this paper actually called for a reassessment of those restrictions and making it more stringent, putting in more stringent regulations with regard to the health risk. I agree with Adrienne Lynch that it would be nice if Page 30 February 11, 2014 Page 31 Southold Town Board Meeting there were some and maybe it happen soon rather than later, some political testimony by very knowledgeable experts in this field from the medical community as well as the scientific community because none of us in this room is a scientist. And we should remember that. And lastly, I have to say that, and this is just my feeling about the FCC and I know we can't do anything about it but they have through the telecommunications act of 1996, they have become an oligarchy for one of the better words and they are the higher authority and they have the greater power and this is the reason for the claim, resistance is pointless. That we will be unsuccessful because they can just ride roughshod over any municipality, any municipalities zoning laws, zoning ordinance and I guess maybe we have all forgotten how this nation came into being and that when the opponents of the tea tax threw a little party in Boston harbor, it had to with believing that what was going on just isn't right. So I say to you tonight, that you have the ability to vote against this amendment and I urge you to do so. I mean, the FCC isn't going to come in here and haul everybody off if we don't make this particular law available and this thing that it has to keep moving forward, has to keep moving forward, I just don't get it. I really just don't get it because if you have it inserted, recommended that this amendment become an amendment to our zoning ordinance it wouldn't have moved forward at this site. So that is all I really have to say but I feel a lot better having said it. Thank you very much. SUPERVISOR RUSSELL: Sure. Thank you. Can I ask, Marie, can I just ask you to indulge us, it is getting really late. Can we just get some of the agenda items voted on and we will get to the public comment as soon as we can. Certainly, Marie, if you insist, I will let you come up because we are very good friends and I don't want to deny you the right to speak. Marie, feel free, please. MARIE DOMENICI: Marie Domenici, Mattituck. In some of the research that I have been doing, I see and as it relates to health some of the things that have come to my attention is and I will just read briefly and then we can go on. April 2, 2009 the European parliament overwhelmingly passed a resolution on health concerns associated with electro-magnetic fields. One of the resolutions is that the wireless communication facility should not be placed in a school, places of worship, retirement homes and healthcare institutions. In 2009, the LA County board of supervisors voted unanimously to seek federal legislation to overturn section 704 of the telecommunications act of 1996 which takes away local governments right to refuse cell towers for health reasons. Since then several other local governments in California, Arizona, New Mexico and Oregon have passed similar resolutions. And my concern has been and I have said it before, that the FCC would come and just jam everything down our throats because corporate America is saying there is a need and if we had a true need for AT&T there would be a group of people in here saying we need it but we are not hearing that from AT&T users, we are hearing it from AT&T. The last thing I will read or the last two things, one of the first international conferences on local phones safely, mass safely, was held in Salzburg, Austria in 2000, the conference suggested that the thermally based safety limits were insufficient to protect public health and recommended levels as low as achievable. A variety of non-thermal health effects were discussed such as calcium ion activity in nervous tissues, hearing sensations, cancer, cardiac disease, reproductive disorders, altered heart rate and blood pressure, headaches, sleep disorder, memory decrease, fatigue, altered rims of the eye, immune function and so on and many of these are related to symptoms of what is called electro-hypersensitivity. Some people can't even be in a room where there is wi-fi because there is that sensitivity. I would say that is Page 31 February 11, 2014 Page 32 Southold Town Board Meeting the minority of people but it still exists. Since then, the number of research studies on non- thermal radiation and epidemiological study showing the danger of living near mobile phone mass especially within 300 to 400 meters has been increasing. Lastly, cell towers are also known as mobile phone bay stations and those are the infrastructures that make the phones, cell phones work. Cell phones transmit and receive wireless signals to and from cell phones. Current study suggest both short term and long term health risks within 300-400 meters of the cell tower including cancer and other symptoms such as headache, fatigue, dizziness and sleeping disorders. So I just wanted to you know, restate the obvious but I appreciate your time and I really would like you to take this under consideration. SUPERVISOR RUSSELL: Thank you, Marie. MS. DOMENICI: Thank you. SUPERVISOR RUSSELL: Would anybody at this point? Yes, sir. FRED SCHWAB: Fred Schwab, Mattituck. On the deer killing, these hired killers, will the town be notified of where they are working on a particular day or time? SUPERVISOR RUSSELL: The communication will be specifically with the Chief of Police. MR. SCHWAB: Alright. Will anybody be monitoring the area where they will be? SUPERVISOR RUSSELL: Yes, local law enforcement has already been instructed to work with the USDA. It would not be a matter of public discussion because for the obvious reasons, you know, you don't want to start getting confrontational situations involved in the field but the Chief of Police and his key staff will know every step of the way what is taking place. MR. SCHWAB: It would be a good idea to tell the public where they are going to be so, you know, these are rifles these guys are using, maybe families should bring their children and their pets in the house when they are around. SUPERVISOR RUSSELL: The places where they would be hunting, they have already secured the permission of the owners. So the owners are fully aware of when and where they will be. MR. SCHWAB: Okay. Bullets can travel. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? UNIDENTIFIED: Inaudible comments from audience. SUPERVISOR RUSSELL: If you want to get up and make a comment, remind people for names and hamlets. JOANNE PANDOLFO: I am Joanne Pandolfo, this is my husband. So basically you are just stating they already got permission to do this, so why are we even here? Page 32 February 11, 2014 Page 33 Southold Town Board Meeting SUPERVISOR RUSSELL: No, the USDA has.... MS. PANDOLFO: You just said that they got permission from people to hunt their land already, so they went ahead before they got... SUPERVISOR RUSSELL: Yes, it's ground work. It is ground work. They need to get the ground work done. MS. PANDOLFO: Inaudible. SUPERVISOR RUSSELL: No, the fact that they secured permission from the landowners does not guarantee that they are going to move forward with the hunt. MS. PANDOLFO: Inaudible. SUPERVISOR RUSSELL: The USDA did. We are not, the USDA this. The USDA has a lot of ground work that they need to get done prior to any culling operation. The USDA has done that, the town hasn't, the USDA has. JOE CAPPELLA: Joe Cappella, Brookhaven. I have a quick question, the other east end towns, Brookhaven, Riverhead, Shelter Island, East Hampton, East Hampton Village backed out. They have a deer problem. Why is it that they are backing out and you are not? SUPERVISOR RUSSELL: Shelter Island didn't from the beginning indicate any support. They have a fairly successful deer management program over there. they had, I believe, about 5 or 6 years ago, a rather large culling operation that was island wide. Riverhead had been supportive, they just didn't have the resources to contribute. East Hampton I believe was on board until about two weeks ago, the Village of East Hampton shortly after that. I can't speak to those towns, why they are on board, why they are not on board. They have to make decisions that are best for their community. Southold made a decision, what we believe is in the best interests of the community. Would anybody else like to address the Town Board? Anybody who hasn't yet had the opportunity? (No response) V. Resolutions 2014-162 CATEGORY.- Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated February 11 2014. ✓Vote Record-Resolution RES-2014-162 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ ❑ Page 33 February 11, 2014 Page 34 Southold Town Board Meeting • Defeated James Dinizio Jr Voter 9 ❑ ❑ ❑ • Tabled William P.Ruland Seconder 10 ❑ ❑ ❑ • Withdrawn Jill Doherty Voter CSI ❑ ❑ ❑ • Supervisor's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ • Tax Receiver's Appt Scott A.Russell Voter IZ ❑ ❑ ❑ • Rescinded • Town Clerk's Appt • Supt Hgwys Appt • No Action ❑ Lost .......... 2014-163 CATEGORY. Set Meeting DEPARTMENT: Town Clerk Set Next Regular Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday,February 25, 2014 at the Southold Town Hall, Southold,New York at 4:30 P.M.. ✓Vote Record-Resolution RES-2014-163 IZ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter 13 ❑ ❑ ❑ • Withdrawn • Supervisor's Appt James Dinizio Jr Voter El 11 William P.Ruland Seconder D ❑ ❑ ❑ • Tax Receiver's Appt • Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Mover El ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ • No Action ❑ Lost 2014-159 Tabled 112812014 4:30 PM CATEGORY. Enact Local Law DEPARTMENT. Town Clerk Enact LL Chapter 280, Wireless Communication Facilities WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 17th day of December 2013, a Local Law entitled "A Local Law in Page 34 February 11, 2014 Page 35 Southold Town Board Meeting relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. This amendment is intended to make the provisions of Section 280-75 consistent with the siting priority rules in Section 280-70 and to clarify the restrictions on the siting of a wireless communication facility on vacant land. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by Federal, State or Town agencies, except as specified below: and subject to Chapter 170, Landmark Pr-eservatieffi. A. Any wireless communication facility located on or within an historic structure listed by Federal, State or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building and subject to the requirements of Chapter 170, Landmark Preservation. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible and subject to the requirements of Chapter 170, Landmark Preservation. C. Wireless communication facilities within an historic district listed by Federal, State or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. D. Wireless communication facilities on vacant, commercially-zoned parcels with Landmark status and/or in a designated historic district, at the discretion of the Planning Board with a finding that hat potential impacts to any nearby historic landmarks or districts are mitigated. III SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Page 35 February 11, 2014 Page 36 Southold Town Board Meeting IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2014-159 ❑ Adopted ❑ Adopted as Amended 0 Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter ❑ 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover ❑ D ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Seconder ❑ 0 ❑ ❑ • Rescinded Jill Doherty Voter ❑ 0 ❑ ❑ • Town Clerk's Appt Louisa P.Evans Voter ❑ 0 ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter ❑ 0 ❑ ❑ ❑ No Action ❑ Lost Comment regarding resolution 159 SUPERVISOR RUSSELL: What I would like to do is if you can just indulge me for a few minutes to make a few comments. First,just to assure all of you, we had this public discussion last February. We never would have gotten this far in the process had we known that there would be this type of opposition. It was no ill-will intended on our part. We just thought, we saw the application that was going to go on the property just to the north of the site and we thought it was pragmatic to move it across the street to generate revenue, to get generator backup. But I assure you that we didn't try to force this along. It had been a year in the making and that I know you were at the meeting when I said look, we are going to notice this meeting but we are not going to move forward until we have heard from the Landmarks Preservation Commission and that is precisely what we did. We had the public hearing, we got all of your input and frankly, we reconsidered the legislation. I think that in the future, I helped create that historic district with a guy named Bob Kassner. I did all the inventory and the outreach, so I am intimately aware of the historic district. But I do think that we need to understand, if we are looking to create more historic districts down the road, we do need to show some flexibility. Because if the effort to create historic districts is to sterilize regions, you will not get community buy in. I know because I dealt with the landowners who were objecting to it back in 1997. That is why the line stopped at Town Hall. We couldn't get votes the farther east we went. You know, things like cell towers are probably going to take place and they really need to be evaluated on a site by site basis. And admittedly, this probably isn't the soundest site for a cell tower but in the future, if these districts are large enough there might be from time to time a proposal for a cell tower such as in a fire district or on a fire property that really needs to be considered. Fire departments, all of them would be located in any sound and sensible historic district given their central location to the hamlets and I have one, two, three fire department that I can think of that are interested in installing a cell tower on site and they need it for Page 36 February 11, 2014 Page 37 Southold Town Board Meeting communications needs and they need the cell phone company to build it so that they don't have to charge the taxpayers of their fire district. It makes fiscal sense. But I think we need to be willing to entertain those types of unique circumstances as we move forward. And to assure everybody else that weighed in in favor of it, we assure you we will continue to work with the applicant and other applicants to create revenue streams for Southold Town that are not constantly going back to the taxpayers to pay the same bills year after year. We have several exciting proposals in the near future. Not cell towers, other revenue generating opportunities that we will be pursuing. Thank you. COUNCILMAN GHOSIO: I just want to make quick comment. I just want to thank everybody that got involved in the conversation, came in for the hearings and spoke tonight. I think it is an indication of how the process works. Sometimes it works for you, sometimes it works against you but it is a process and I appreciated it and it did have an affect on how I voted. SUPERVISOR RUSSELL: I would state the same, too. Absolutely. 2014-164 CATEGORY.• Contracts,Lease&Agreements DEPARTMENT. Recreation Hire Spring Recreation Program Instructors Resolved that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Spring 2014 Recreation programs, all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2014 instructor line A7020.4.500.420. Sara Bloom (Memoir Writing) $30/hour Thomas Boucher (Guitar 9 and older) $30/hour Amy Connell (Introduction to Prezi) $30/hour Lenora Dome (Belly Dancing) $30/hour Martha Eagle (Pilates) $30/hour Susan Esposito (Clear out the Clutter) $30/hour Mary Ann Fleischman (Anger Management) $30/hour Suzzanne Fokine (Plein Air Painting) $30/hour Susan Forte (eBay & iPad) $30/hour Dan Gebbia (Dog Obedience) $70/person Denise Gillies (Tai Chi) $30/hour Island's End Golf Club (Golf Lessons A) $100/person Lois Levy (Acrylic Painting) $30/hour Rosemary Martilotta (Hatha& Chair Yoga) $55/class Judy McCleery (Digital Photography) $30/hour Kate McDowell (Tennis Lessons) $30/hour Tom McGunnigle (Basic Golf) $50/person Maribeth Mundell (Singing) $30/hour Page 37 February 11, 2014 Page 38 Southold Town Board Meeting Linda Nemeth (Watercolor) $30/hour R&C Agency Management (CPR Course) $55/person R&C Agency Management (Defensive Driving) $30/person Dorothy Sedat (Mah Jongg) $30/hour Laurie Short (Aerobics) $30/hour Steve Smith (Weight Training) $30/hour Barbara Terranova (Knitting& Jam Making) $30/hour Lisa Tettelbach (Greeting Cards) $30/hour The All Star (Bowling Program) $48/person The Little Red Barn (Barnyard Camp) $55/person The Little Red Barn (Pony Camp) $100/person Touch Dance Studios (Ballroom Dancing) $65/person ✓Vote Record-Resolution RES-2014-164 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent • Tabled • Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ • Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ • Tax Receiver's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ • Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ • No Action ❑ Lost 2014-165 CATEGORY. Employment-Town DEPARTMENT: Accounting Appoint Aaron Avent Park Maintenance Crew Leader RESOLVED that the Town Board of the Town of Southold hereby appoints Aaron Avent to the position of Park Maintenance Crew Leader for the Department of Public Works, effective February 12, 2014, at a rate of$33.1142 per hour. ✓Vote Record-Resolution RES-2014-165 0 Adopted Yes/Aye No/Nay Abstain Absent • Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ p • Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ • Tabled William P.Ruland Mover 0 ❑ ❑ ❑ • Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Mover 0 ❑ ❑ ❑ ❑ Rescinded Page 38 February 11, 2014 Page 39 Southold Town Board Meeting ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Comments regarding resolution 165 SUPERVISOR RUSSELL: I am going to say this has been a long time coming for someone and it is very deserved. 2014-166 CATEGORY: Employment-Town DEPARTMENT: Accounting Appoint Andrew Epple Senior Bay Constable RESOLVED that the Town Board of the Town of Southold hereby_appoints Andrew Epple to the position of Senior Bay Constable for the Police Department, effective February 12, 2014, at a rate of$71,969.89 per annum. ✓Vote Record-Resolution RES-2014-166 0 Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent • Tabled ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ 11 ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ • Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ • Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ • No Action ❑ Lost 2014-167 CATEGORY: Budget Modification DEPARTMENT. Town Clerk 2013 Budget Modification LPC Financial Impact: to correct incorrect budget modification in 2013 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 General Page 39 February 11, 2014 Page 40 Southold Town Board Meeting Fund Whole Town budget as follows: From: A.7520.4.100.100 Office Supplies/Stationary $61.00 Total: $61.00 To: A.7520.1.200.100 P-T Regular Earnings $61.00 Total: $61.00 ✓Vote Record-Resolution RES-2014-167 0 Adopted ❑ Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent • Tabled • Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ • Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 11 ❑ • Rescinded Jill Doherty Voter 0 ❑ ❑ • Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ 0 • Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-168 CATEGORY. Contracts, Lease&Agreements DEPARTMENT. Town Attorney Amendment to Contract C006792 W/NYS DOS-Stormwater Management RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Amendment between the Town of Southold and the New York State Department of State in connection with extending the term for Agreement #C006792 (Revision of Town Code to Implement Stormwater Management) from March 31, 2013 to June 30, 2014, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-168 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Voter El ❑ ❑ 0 ❑ Tabled ❑ Withdrawn James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ Jill Doherty Voter 0 0 ❑ ❑ ❑ Tax Receiver's Appt • Rescinded Louisa P.Evans Seconder 0 ❑ ❑ ❑ • Town Clerk's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ • Supt Hgwys Appt ❑ No Action Page 40 February 11, 2014 Page 41 Southold Town Board Meeting ❑ Lost 2014-169 CATEGORY.• Misc. Public Hearing DEPARTMENT: Town Clerk PH 2125114 @ 4:34 PM Whitcom Marsh Preserve Acquisition RESOLVED the Town Board of the Town of Southold hereby AMENDS Resolution No. 2014- 148 adopted January 28, 2014 by changing the Public Hearing time and date from 7:32 p.m. on February 11, 2014 to 4:34 p.m. on February 25, 2014 as follows: RESOLVED that the Town Board of the Town of Southold hereby sets Tuesday, February 115 2014, at 7:32 p.m., February 25,2014 at 4:34 p.m., Southold Town Hall, 53095 Route 25, Southold,New York, as the time and place for a public hearing on the question of acquisition by gift of fee title to vacant land totaling 16.343± acres from The Nature Conservancy, the owner of record, for open space preservation purposes in accordance with Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The parcel, identified as SCTM 41000-14.-2-1.4 and known as the Whitcom Marsh Preserve, is located at 650 Mulford Court, running along the westerly side of Mulford Court in Orient,New York, in the R-80 zoning district. The parcel was created in a subdivision known as Whitcom Investment Company approved by the Planning Board in 1980. The parcel, known as the fifth lot of the subdivision, was considered unbuildable fresh water marsh and the Planning Board's approval required restrictive covenants pertaining to this parcel that resulted in the property being transferred to The Nature Conservancy. The parcel is shown in the Town's Community Preservation Project Plan as property that is currently preserved due to the restrictions required as part of the subdivision approval. The restrictions require that the property shall forever be held as a nature preserve for educational and charitable purposes, and shall be kept entirely in its natural state, excepting only the maintenance of such fences and foot trails as may be appropriate to effectuate the foregoing purposes without impairing the essential natural character of the premises. This property has been offered to the Town of Southold as a donation from The Nature Conservancy. The Town will be responsible for any acquisition costs associated with the transfer of fee title. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Page 41 February 11, 2014 Page 42 Southold Town Board Meeting Main Road (Route 25), Southold,New York, and may be examined by any interested person during business hours. ✓Vote Record-Resolution RES-2014-169 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled • Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ • Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ • Tax Receiver's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ • Rescinded Jill Doherty Mover 0 ❑ ❑ _ ❑ • Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-170 CATEGORY. Contracts, Lease&Agreements DEPARTMENT. Town Attorney Amend Resolution 2014-154/Dike Project Change Order 41 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2014-154 dated January 28,2014 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby approves Change Order#1 to the NRCS Dike Rehabilitation Project with L.K. MeL sseeiates, P.C. Steven M. Mezynieski Inc. as it relates to Latham Farm in the net amount of$49,997.50, subject to the approval of the Town Engineer and Town Attorney. ✓Vote Record-Resolution RES-2014-170 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled • Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ • Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Mover El ❑ ❑ ❑ • Rescinded Jill Doherty Seconder 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Page 42 February 11, 2014 Page 43 Southold Town Board Meeting 2014-171 CATEGORY: Contracts, Lease &Agreements DEPARTMENT: Town Attorney Rescind Resolution 2014-113 in Its Entirety RESOLVED that the Town Board of the Town of Southold hereby rescinds in its entirety, Resolution No. 2014-113 adopted at the regular meeting on January 14, 2014; the resolution was a duplicate of a prior resolution adopted by the Town Board approving an agreement with BAS, Inc. for online registration service for the Recreation Program ✓Vote Record-Resolution RES-2014-171 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent • Tabled • Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ • Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ • Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ • Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ • No Action • Lost 2014-172 CATEGORY.• CloseMse Town Roads DEPARTMENT: Town Clerk St. Patrick's Day Parade in Cutchogue on Saturday, March 15, 2014 at 2:00 PM Financial Impact: Total Department Cost for Event = $771.65 RESOLVED that the Town Board of the Town of Southold hereby grants permission to The North Fork Chamber of Commerce and the Cutchogue Fire Department to use the following route: staging on Eugene's Road and begin at Cox Lane, west on the Main Road to Cases Lane, ending at the Village Green for its loth Annual St. Patrick's Day Parade in Cutchogue, on Saturday, March 15, 2014 beginning at 2:00 PM, provided all the conditions in the Town's Policy for Special Events of Town Properties. No objects of any kind shall be thrown to event spectators. Failure to comply with conditions No. 5 and Item No. 6 of the policy shall result in the forfeiture of the clean-up deposit. All fees, except the clean-up deposit, shall be waived. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Page 43 February 11, 2014 Page 44 Southold Town Board Meeting ✓Vote Record-Resolution RES-2014-172 0 Adopted ❑ Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent • Tabled • Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ • Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-173 CATEGORY.- Employment-Town DEPARTMENT. Accounting NYS Employees Retirement System RESOLVED that the Town Board of the Town of Southold/Location C hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Participates Days/ Tier I Not Work Begins/Ends in Employer's Months (Check Submitted Day Time (based on only if (Check box if (Hrs/day) Keeping Records member no record of System(Y/N) of is in Tier activities Activities) 1) completed or timekeeping system) Zoning Board of Appeals Member George Horning 1/1/12-12/31/16 N ❑ 6.00 IR BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. ✓Vote Record-Resolution RES-2014-173 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ ❑ Page 44 February 11, 2014 Page 45 Southold Town Board Meeting ❑ Defeated James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tabled William P.Roland Voter D ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter El ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-174 CATEGORY. Employment-Town DEPARTMENT.• Accounting Appoint Roger Foster Groundskeeper II RESOLVED that the Town Board of the Town of Southold hereby appoints Roger Foster to the position of Groundskeeper II for the Department of Public Works, effective February 12, 2014, at a rate of$29.4979 per hour. ✓Vote Record-Resolution RES-2014-174 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Seconder 0 ❑ ❑ ❑ • Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-175 CATEGORY. Attend Seminar DEPARTMENT• Assessors Assessors Course RESOLVED that the Town board of the Town of Southold hereby grants permission to Kevin Page 45 February 11, 2014 Page 46 Southold Town Board Meeting W. Webster, Robert I. Scott, Jr, and Richard L. Caggiano to attend an Ethics and the Assessors Course March 28, 2014 at the Riverhead Town Hall. Any expenses to be a legal charge against the Assessors 2014 budget. ✓Vote Record-Resolution RES-2014-175 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent • Tabled • Withdrawn Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter Q ❑ ❑ ❑ • Tax Receiver's Appt William P.Ruland Mover Q ❑ ❑ ❑ • Rescinded Jill Doherty Voter Q ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ • No Action ❑ Lost 2014-176 CA.TEGOR.Y.• Affordable Housing DEPARTMENT: Town Attorney 72-H Parcel Conveyance from Town to Habitat for Humanity/SCTM#1000-15-2-14 WHEREAS, Suffolk County has developed a Program known as GML 72-H Affordable Housing to transfer real property of tax-defaulted properties taken by the County to municipalities exclusively for the purpose of developing affordable housing; and WHEREAS, Suffolk County has offered the Town of Southold a blighted property in the hamlet of Orient, described as SCTM#1000-15-2-14,that the Town has accepted the conveyance of said parcel to be developed as an affordable housing unit developed by Habitat for Humanity; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Deed and conveyance documents and all other necessary documents in connection with the Town's sale of a blighted property in the hamlet of Orient (SCTM#1000-15-2-14), acquired from the County of Suffolk, for the purpose of affordable housing pursuant to 72-H of General Municipal Law, which property the Town of Southold will convey to Habitat for Humanity of Suffolk Housing Development Fund Company, Inc., subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-176 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Tabled William P.Ruland Seconder El ❑ ❑ ❑ • Withdrawn Jill Doherty Voter Q ❑ ❑ ❑ • Supervisor's Appt Louisa P.Evans Mover Q ❑ ❑ ❑ Page 46 February 11, 2014 Page 47 Southold Town Board Meeting • Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ • Rescinded • Town Clerk's Appt • Supt Hgwys Appt ❑ No Action ❑ Lost 2014-177 CATEGORY.• Budget Modification DEPARTMENT. Highway Department Hwy Dept 2013 Budget Mod Financial Impact: Highway modifications necessary to cover year-end overages in budget line items RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 Highway Fund Part Town budget as follows: From: DB.5110.4.100.975 General Repairs Contractual Expense Supplies & Materials Steel $ 1,650.00 DB.5140.4.100.550 Brush& Weeds/Miscellaneous Contractual Expenses Supplies & Materials Equipment Parts & Supplies 1,068.00 DB.5142.4.100.975 Snow Removal Contractual Expense Supplies & Materials Plow Blades, Shoes, Wheels 9,997.00 TOTAL: $12,715.00 To: DB.5130.4.100.500 Machinery Contractual Expense Supplies & Materials Parts & Supplies $12,362.00 DB.5140.4.400.150 Brush & Weeds/Miscellaneous Contractual Expense Contracted Services Rubbish Disposal 314.00 DB.5140.4.400.600 Brush & Weeds/Miscellaneous Contractual Expense Page 47 February 11, 2014 Page 48 Southold Town Board Meeting Contracted Services Office Equipment Maintenance/Repair 39.00 TOTAL: $12,715.00 ✓Vote Record-Resolution RES-2014-177 0 Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Mover 0 ❑ ❑ ❑ 11 Withdrawn James Dinizio Jr Voter D ❑ ❑ ❑ • Supervisor's Appt • Tax Receiver's Appt William P.Roland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-178 CATEGORY: Budget Modification DEPARTMENT. Solid Waste Management District SWMD Budget Modification (2013) Financial Impact: Clear up remaining overdrawn lines from 2013. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 Solid Waste Management District budget as follows: From: SR 8160.1.100.100 (Personal Services—Regular Earnings) $ 3,825.00 TOTAL: $ 3,825.00 To: SR 8160.1.100.200 (Personal Services—Overtime Earnings) $ 400.00 SR 8160.4.100.400 (Welding Supplies) $ 10.00 SR 8160.4.100.500 (Motor Vehicle Glass) $ 885.00 SR 8160.4.200.200 (Light and Power) $ 2,300.00 SR 8160.4.400.700 (Copy Equipment Rental) $ 175.00 SR 8160.4.400.810 (C&D Removal) $ 55.00 TOTAL: $ 3,825.00 ✓Vote Record-Resolution RES-2014-178 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Voter D 11 ❑ ❑ Tabled James Dinizio Jr Mover 0 ❑ ❑ ❑ Page 48 February 11, 2014 Page 49 Southold Town Board Meeting • Withdrawn William P.Roland Voter 0 ❑ ❑ ❑ • Supervisor's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ • Tax Receiver's Appt Louisa P.Evans Voter El ❑ ❑ ❑ • Rescinded Scott A.Russell Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-179 CATEGORY: Contracts, Lease&Agreements DEPARTMENT: Town Attorney Rescind Resolution No. 2013-898 in Its Entirety/SUNation Solar Systems, Inc. RESOLVED that, due to a loss of available funding, the Town Board of the Town of Southold hereby rescinds Resolution No. 2013-898 in its entirety, adopted at their regular meeting on December 17, 2013. ✓Vote Record-Resolution RES-2014-179 0 Adopted ❑ Adopted as Amended ❑ Defeated _. Yes/Aye No/Nay Abstain Absent • Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ • Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Seconder 0 ❑ ❑ ❑ • Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-180 CATEGORY. Close/Use Town Roads DEPARTMENT, Town Clerk Organ Donor Network Bike Tour May 18, 2014 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the New York Organ Donor Network to use the following route for its 5th Annual North Shore Bike Tour, beginning at Osprey Dominion Winery, Main Road, Peconic, east on Route 25 to Moore's Page 49 February 11, 2014 Page 50 Southold Town Board Meeting Lane, Greenport, north on Moore's Lane to the North Rd, east to Orient Point State Park, Orient and back to the winery, on Sunday, May 18, 2014 from 7:00 AM to 3:00 PM provided they follow all the conditions in the Town's Policy for Special Events on Town Properties. Applicant is reminded that the event must be limited to a total of 600 riders. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees shall be waived. It is FURTHER RESOLVED that permission is denied to use the Southold Town Recreation Center Parking lot for over-flow parking and instead grants permission to use the parking lot at the Peconic Lane Community Center(next to Recreation Center) for over-flow parking. ✓Vote Record-Resolution RES-2014-180 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ 0 0 Tax Receiver's Appt William P.Roland Mover 0 ❑ ❑ ❑ • Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-181 CATEGORY. Attend Seminar DEPARTMENT: Trustees Trustees Approved to Use Town Vehicle for Meeting in Southampton RESOLVED the Town Board of the Town of Southold hereby grants permission to the Southold Town Board of Trustees to use a Town Vehicle to travel to a special joint meeting with the Southampton Board of Trustees on Wednesday, February 12, 2014 at 6:00 PM at the Southampton Town Hall, Southampton,New York. ✓Vote Record-Resolution RES-2014-181 0 Adopted ........... . • Adopted as Amended Yes/Aye No/Nay Abstain Absent • Defeated Robert Ghosio Seconder D ❑ ❑ ❑ • Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ • Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ • Rescinded Louisa P.Evans Mover ! 0 ❑ ❑ ❑ • Town Clerk's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ • Supt Hgwys Appt ❑ No Action Page 50 February 11, 2014 Page 51 Southold Town Board Meeting ❑ Lost 2014-182 CATEGORY.• Budget Modification DEPARTMENT Town Attorney TA Budget Modification Financial Impact: Covering expenses associated in connection with apart-time employee's earnings for 2013. RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2013 Town Attorney budget as follows: From: A.1420.4.500.100 Legal Counsel $340.00 To: A.1420.1.200.100 Part-Time Employees, Regular Earnings $340.00 ✓Vote Record-Resolution RES-2014-182 0 Adopted ❑ Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent • Tabled • Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ • Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ • Tax Receiver's Appt William P.Roland Voter D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-183 CATEGORY.• Budget Modification DEPARTMENT. Accounting Budget Modification for Information Technologies Financial Impact: Additional appropriation needed for Kronos payroll schedule change ($260) and Kronos Service Pack 22 ($980) RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Page 51 February 11, 2014 Page 52 Southold Town Board Meeting Whole Town 2014 budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $1,240 To: A1680.4.400.358 Time Management System $1,240 ✓Vote Record-Resolution RES-2014-183 0 Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ......_._. ❑ Withdrawn Robert Ghosio Voter ❑ ❑ ❑ • Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder D ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Voter El ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-184 CATEGORY. Contracts, Lease&Agreements DEPARTMENT: Town Clerk PSAP Agency Agreement W/Suffolk County-Enhanced 911 Program RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2014-145 adopted at the January 28, 2014 regular meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the PSAP Agency Agreement between the Town of Southold and the County of Suffolk in connection with the Enhanced 911 Program, for the period January 1, 2014 through December 31, 2018, at a no cost to the Town not to emceed , subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-184 .......... ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter El ❑ ❑ ❑ ❑ Defeated - James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled • Withdrawn William P.Ruland Seconder CSI ❑ ❑ ❑ • Supervisor's Appt Jill Doherty Mover D ❑ ❑ ❑ • Tax Receiver's Appt Louisa P.Evans Voter El ❑ ❑ ❑ • Rescinded Scott A.Russell Voter IZI ❑ ❑ ❑ ❑ Town Clerk's Appt Page 52 February 11, 2014 Page 53 Southold Town Board Meeting ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-185 CATEGORY.• Local Law Public Hearing DEPARTMENT: Town Attorney PH 3111114 @ 7:32 PM/LL Parking on Village Lane, Orient WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 11th day of February 2014, a Local Law entitled "A Local Law in relation to Amendments to Chanter 260,Vehicles and Traffic, in connection with Parking Restrictions on Village Lane and King Street in the hamlet of Orient" now,therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 11th day of March 2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chanter 260, Vehicles and Traffic, in connection with Parking Restrictions on Village Lane and King Street in the hamlet of Orient" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chanter 260,Vehicles and Traffic, in connection with Parking Restrictions on Village Lane and King Street in the hamlet of Orient". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to improve safety for emergency vehicles,pedestrians and passenger vehicles, as well as dealing with impacts to the public's health, safety and welfare resulting from vehicle parking and standing on a portion of Village Lane and a portion of King Street in the hamlet of Orient. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no parking": Page 53 February 11, 2014 Page 54 Southold Town Board Meeting Name of Street Side Location Village Lane East At Orient, between New York State Route 25 and Or-ehard Street from the point 170 feet south of the intersection of Village Lane and the southwesterly corner of Fletcher Street and extending to the terminus of Village Lane at the intersection with King Street Name of Street Side Location King Street North At Orient, from the intersection of King Street and Village Lane to the intersection of King Street and Willow Terrace Lane III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2014-185 Q Adopted ❑ Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent • Tabled • Withdrawn Robert Ghosio Voter Q ❑ -.... ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Seconder Q ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ • No Action ❑ Lost 2014-186 CATEGORY. Legislation DEPARTMENT.• Town Attorney LL/Parking on Village Lane, Orient to SCPC&PB Page 54 February 11, 2014 Page 55 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled"A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parking Restrictions on Village Lane and King Street in the hamlet of Orient"to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. ✓Vote Record-Resolution RES-2014-186 0 Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ • Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell 1 Voter 1 El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-187 CATEGORY.• Local Law Public Hearing DEPARTMENT. Town Attorney PH 3111114 @ 7:34 PM/LL Tents WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 11th day of February, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, in connection with Tents" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 11th day of March,2014 at 7:34 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, in connection with Tents" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, in connection with Tents". Page 55 February 11, 2014 Page 56 Southold Town Board Meeting BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of these Amendments is to protect the health, safety and wellbeing of the residents and general public at special events or gatherings where tent(s) are needed to protect those in attendance from the elements. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: §144-3. Administration and enforcement officers designated; definitions. D. As used in this ehapter-,the following terms shall have the meanings indie Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. AU word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition. CANOPY—See Tent. TENT—A structure, enclosure or shelter, including structures open without sidewalls or sidewalls that drop on 75 percent or more of the perimeter, constructed of fabric or pliable material supported by any manner except b ay it or the contents it protects. §144-6. Inspections required. C. Inspection of tents. (1) The Building Inspector or Code Enforcement Official shall perform inspections on tents prior to the event for which the tent is to be used. Tents must comply with all requirements of the New York State Building Code, and the following standards: (a) Sufficient exiting to a public way. (b) Tents over 200 square feet shall be made of flame resistant materials. A certificate attesting to that fact shall be available on site for inspection. (c) All electrical supply shall be ground fault interrupted (GFI) at the source. (d) Tent stakes shall be capped or covered in such a way to present no hazard to the public. (e) No cooking shall be allowed under the tent. (f) All exiting aisles shall be maintained at a minimum of six (6) feet wide. (g) If the event under the tent is conducted after sunset, illuminated exit signs and emergency exit lighting shall be provided. The lighting shall be on a separate circuit. (h) Guy ropes shall not pass through exit paths unless maintained more than seven(7) feet above grade. Tent stakes shall not be in exit paths. (i) Fire extinguishers as required by New York State Building Code and the Town Building Inspector/Code Enforcement Official shall be provided. (2) A tent permit may be revoked by the Building Inspector or Code Enforcement Official, if, upon inspection, it is determined that the tent does not comply with any of the standards set forth in Section 144-6(C)(1) above or if the tent is used in violation of the provisions of Section 144-8, Page 56 February 11, 2014 Page 57 Southold Town Board Meeting §144-8. Building permit required; application for permit. A. Building permit/tent permit required prior to commencement; exceptions. (2) No tent shall be erected on any property except properties wherein the primary use is a single family dwelling unless a permit has been issued by the Building Department. Tents may be erected for protection from the elements for Special Events or for temporary activities that are a permitted use of the premises in accordance with the Town Code and the ap rp oved site plan for the premises subject to the following standards: (a) Tents should be removed as promptly as possible after the event has concluded. (b) The duration of a tent permit shall be determined by the Building Inspector or Code Enforcement Official up to a maximum duration of thirty (30) days. (c) A tent permit shall not issue if the parcel has an open building permit or is the subject of a pending site plan review or the property is subject to pending Town Code violation(s). (d)A permit is required from the State of New York for tents with an occupancy of 300 or more unless owned, leased, or operated by a bona fide religious, charitable, educational, fraternal, service, veteran, or volunteer fire organization. (2)(33,) The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection A(1) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code. All work, structures and buildings must comply with the provisions of Chapter 280, Zoning, of the Southold Town Code. K. Permit fees. (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (j.) The permit fee for tents shall be $50 per permit. §144-20. Compliance required; penalties for offenses. C. It shall be unlawful for any person, firm or corporation to erect a tent in violation of the provisions of this chapter, or to fail in any manner to comply with a notice, directive or order of the Building Inspector or Code Enforcement Official; the owner, occupant, or their agents or other person who commits any such offense shall, upon first conviction thereof, be guilty of a violation punishable by a fine not to exceed $1,000. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 36 months thereafter, such person shall be guilty of a violation punishable by a fine not to exceed $2,500. Page 57 February 11, 2014 Page 58 Southold Town Board Meeting III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2014-187 Q Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter Q ❑ ❑ ❑ William P.Ruland Voter Q ❑ ❑ • Tax Receiver's Appt ❑ • Rescinded Jill Doherty Voter Q ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Seconder Q ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ • No Action ❑ Lost 2014-188 CATEGORY: Legislation DEPARTMENT: Town Attorney LL/Amends. to Chapter 144 Re: Tents to SCPC&PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, in connection with Tents"to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. ✓Vote Record-Resolution RES-2014-188 Q Adopted • Adopted as Amended Yes/Aye No/Nay Abstain Absent • Defeated ❑ Tabled Robert Ghosio Voter Q ❑ ❑ ❑ • Withdrawn James Dinizio Jr Mover Q ❑ ❑ ❑ • Supervisor's Appt William P.Ruland Voter Q ❑ 11 Jill Doherty Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt • Rescinded Louisa P.Evans Voter El ❑ ❑ ❑ • Town Clerk's Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Page 58 February 11, 2014 Page 59 Southold Town Board Meeting ❑ Lost 2014-189 CATEGORY.• Budget Modification DEPARTMENT: Public Works 2013 Budget Modification DPW Financial Impact: To cover over expended line in 2013 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 General Fund Whole Town budget as follows: From A.1620.4.200.300 Building & Grounds, C.E. $20,587.00 Utilities, Gas Total: $20,587.00 To: A.1620.4.100.200 Building & Grounds, C.E. $ 1,268.00 Gasoline & Oil A.1620.4.200.200 Building& Grounds, C.E. $18,860.00 Light& Power A.5182.1.100.200 Street Lighting, P.S. $ 459.00 Overtime Earnings Total: $20,587.00 ✓Vote Record-Resolution RES-2014-189 El Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent • Tabled • Withdrawn Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter Rl p ❑ p • Tax Receiver's Appt William P.Ruland Seconder Q ❑ ❑ ❑ • Rescinded Jill Doherty Mover Q ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Voter D ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ • No Action ❑ Lost 2014-190 Page 59 February 11, 2014 Page 60 Southold Town Board Meeting CATEGORY.• Bid Acceptance DEPARTMENT. Town Clerk Reject All Diesel Bids RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids received for supplying diesel fuel to the Town of Southold. ✓Vote Record-Resolution RES-2014-190 0 Adopted ❑ Adopted as Amended • Defeated • Tabled Yes/Aye No/Nay Abstain Absent • Withdrawn Robert Ghosio Voter El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter D ❑ ❑ ❑ • Tax Receiver's Appt William P.Ruland Mover ❑ ❑ ❑ • Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ • No Action ❑ Lost 2014-191 CATEGORY. Advertise DEPARTMENT.• Town Clerk Authorize Town Clerk to Advertise RESOLVED the Town Board of the Town of Southold authorizes and directs the Town Clerk's office to advertise for resumes for the Board of Directors for the proposed Southold Town Local Development Corporation. ✓Vote Record-Resolution RES-2014-191 0 Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent • Tabled Robert Ghosio Seconder 0 ❑ ❑ ❑ • Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Mover El ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Page 60 February 11, 2014 Page 61 Southold Town Board Meeting 2014-192 CATEGORY.• Seqra DEPARTMENT. Town Attorney SEQRA -East End Deer Management Project RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed recommendation for the Town Board of the Town of Southold to contribute $25,000 to the Long Island Farm Bureau for the East End Deer Management Project on agricultural farm parcels located in the Town of Southold is classified as a Type 1I action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ✓Vote Record-Resolution RES-2014-192 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ • Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Voter El ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ • No Action ❑ Lost 2014-193 CATEGORY. Authorize Payment DEPARTMENT. Town Attorney East End Deer Management Project Funding RESOLVED that the Town Board of the Town of Southold hereby authorizes up to the sum of $25,000 to be paid to the Long Island Farm Bureau for the East End Deer Management Project on agricultural farm parcels located in the Town of Southold, which monies shall be a legal charge to A.1010.4.600.790. ✓Vote Record-Resolution RES-2014-193 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent Page 61 February 11, 2014 Page 62 Southold Town Board Meeting ❑ Defeated Robert Ghosio Voter El ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Mover 2 ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Voter El ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Seconder ❑ ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 21 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Comments regarding resolution 193 SUPERVISOR RUSSELL: Before I vote, I just want to assure all the farmers that are sitting here tonight, my offer to work with you is sincere. This Town Board is looking to work with the, I am sorry with the hunting community, to try to get regulations changed that are ridiculous so that the hunters are an integral component to any deer management program moving forward. Public Hearings Closing Statements SUPERVISOR RUSSELL: Okay, that concludes the agenda. I would ask anybody that would like to address the Town Board on any issue to please feel free to come up at this time? DAN DURETT: Dan Durett again. Inaudible to approach the Board to get copies of the resolution on cell towers and you have taken an action that may truly set precedent. I will also like to speak as an individual. As a former federal agent responsible for historic preservation in New York State, the actions that you have taken here today are ground setting because there is a ground swell across the country within historic districts to look at visual pollution within an historic district is one way to look at it, and also the need to balance technology. So I reach out to my environmental community just for your education. My signature is on the paper that established the Martin Luther King National Park Service site. I will stand that up against any book written in the United States on historic preservation. Moving on, I would like to reach across the room to the hunters and have you educate me on what I need to get a nuisance permit. If you come to my property at 215 Sixth Avenue which is a block from Greenport High School, you can go there gentlemen, in about 15 minutes there will be three deer. If you come in the morning, eating my bird seed, which I am not feeding deer, they will be out there eating my bird seed. It is an economy package that I get from Agway. I did not mean to feed the deer but it happens. I will caution though, within the environmental community and all sides of the political aisle, to just note that my take is that the Board is addressing just one small element of a very complex project and activity that needs to be addressed from various perceptions. As an environmentalist I share the concern about Bambi but also as a film enthusiast, I think we need to recognize that to a certain extent, Bambi has become the new Jaws. And there are some things that need to be addressed. This Friday night, a deer ran into me. I did not run into the deer Page 62 February 11, 2014 Page 63 Southold Town Board Meeting because it hit the rear of my car. This is the third time in a year that I have had personal experience with the problems with the deer. It is a very important and key issue. We are not going to solve it tonight, I will puton my Board hat and say that North Fork Environmental council stands ready to work with the Board and with the public in convening a coalition of stakeholders and decision makers. Every time you get in your car, every time you pull a bow, every time you do anything in Southold, whether you are planting grass or feeding your wildlife you are making a deer management decision and we would like to continue that dialogue. I thank you for your patience. And now I understand why I am not on the Town Board, I am ready to go to sleep. SUPERVISOR RUSSELL: Thank you. You are always insightful and I appreciate it. Anybody else? Marie? MS. DOMENICI: I just wanted to thank the Board on your decision on the cell towers. Thank you. SUPERVISOR RUSSELL: Mr. Dunn was up, I will go to you next. ROBERT DUNN: I just want to say you made two tough calls today and I heard a few things. Number one, I heard two people say it wasn't done in the open or (inaudible) and that was wrong and I think (inaudible). On one issue you proved it with the cell tower. I may not agree with (inaudible)but you listened to people and two weeks ago, it seemed like that was a done deal and obviously it wasn't. So I think you guys should be applauded for that. The second thing is I have gone, I am probably at these meetings as much as anybody, including yourselves, and tonight we heard from people who don't even live in town, this town has been open to this, continues to be open to this and I know you guys wouldn't spend $25 much less $25,000 if you could get away with not spending it. You spend it because you feel a need to, if there was a way to have these guys do it for free or even to help them buy their ammunition, I am sure you would be happy to. SUPERVISOR RUSSELL: Absolutely. I would even buy them coffee. Let Mr. Dunn speak. Mr. Dunn is addressing the Board and he has that right. MR. DUNN: But don't think that for one minute that this Board is against you guys doing it. they would be happy to have you guys do it. SUPERVISOR RUSSELL: Can I just ask, for the interest of...thank you. MR. DUNN: I am not going to do that but I just, everybody should understand that you guys don't spend $25,000 freely on anything. SUPERVISOR RUSSELL: Thank you, Robert. Benja? MR. SCHWARTZ: I still don't understand what you are spending the $25,000 for. It says here you are doing a SEQRA action... SUPERVISOR RUSSELL: Type II. Page 63 February 11, 2014 Page 64 Southold Town Board Meeting MR. SCHWARTZ: On east end deer management project. Well that tells me that you are the lead agency. So can I go to the Town Clerk tomorrow and get a copy of a document that tells me what the east end deer management project consists of? TOWN ATTORNEY FINNEGAN: Yes, you can FOIL it and there is a plan. MR. SCHWARTZ: There is a plan? Because at the last meeting I was told there was no plan. TOWN ATTORNEY FINNEGAN: No. MR. SCHWARTZ: There is a plan? TOWN ATTORNEY FINNEGAN: There are numerous documents that were reviewed in conjunction with the SEQRA planning. MR. SCHWARTZ: I will be there tomorrow. Thank you. MR. PANDOLFO: I am sorry to take up your time. SUPERVISOR RUSSELL: Understood. MR. PANDOLFO: I appreciate your candor and I hope you appreciate mine. Again, I am not boring you or trying to bore you. I respect your positions (inaudible). However, again, I believe that you in general, on the whole, are misinformed. I believe that there are multiple, multiple avenues and multiple reasons why we are at this debacle. Okay? We have a 10 year span, sir, a 10 year span, as denoted by you, an 8 year span. It is actually 10 years that this has come to fruition today or in the past year, okay? What happened? Why is it taken 10 years? Why are we not, not you sir. SUPERVISOR RUSSELL: But I will speak to that, if I might. We have actually been meeting with state legislators for the better part of 4 1/2 to 5 years to get hunting regs. We kept waiting patiently for them to change the hunting regs and having the expectation that if those hunting regs could get changed, that we might see a marked difference in the deer counts. MR. PANDOLFO: You would have. SUPERVISOR RUSSELL: But we keep waiting and waiting and it is as frustrating for us as it is for you. MR. PANDOLFO: And hereby just that's the reason and that is the basis for my question sir. I believe the towns people also need to hear that from you, sir. Because hearing it from me is kind of a biased, it is a biased statement because I am looked upon differently, if you will, as a hunter. Because I kill things. However, with it openly, openly, the end result will be the slaughter of these deer and I say slaughter because that is what will happen. And I say slaughter because that is what will happen. The carcasses will be dragged off, the gut piles will remain in the woods, 20 and 30 at a clip as proposed by the USDA at their last power point presentation. They are going to have three members take care of this at one time. There are going to be three man Page 64 February 11, 2014 Page 65 Southold Town Board Meeting teams, one is to gut the deer on site. These gut piles will be left in the woods. That is another cause for alarm. We don't, we as a hunting group, that's 5,000 members, every time we gut a deer, we leave the gut pile in the woods. But we don't kill 10, 12, 15, 20 as proposed per night by the USDA. SUPERVISOR RUSSELL: The town policy on town lands is that the entrails cannot be left behind. If they are hunting on town property,they are subject to those same requirements. MR. PANDOLFO: I understand that. SUPERVISOR RUSSELL: If they are hunting on private property, the issue of entrails has to be an issue between the landowner and the hunters. MR. PANDOLFO: Inaudible. SUPERVISOR RUSSELL: Okay. MR. PANDOLFO: I am just pointing out some obvious things. Please, sir... SUPERVISOR RUSSELL: No, no. you know more about it than me, so. MR. PANDOLFO: To detract from what your information is, I am just trying to gain a little more information from what you have already been given or disinformed. Okay? This is another health issue. And they will not be removed. It is not possible. I was a butcher for 13 years. SUPERVISOR RUSSELL: Okay, I take your word for it. MR. PANDOLFO: I know how to eviscerate an animal quickly, yet to cart off the evisceration or the entrails, is a daunting task in and of itself. I am just trying to give you the information. SUPERVISOR RUSSELL: No, okay, I appreciate it. MR. PANDOLFO: I appreciate your candor and I appreciate you listening to me. SUPERVISOR RUSSELL: Alright. Thank you. MR. PANDOLFO: Thank you. SUPERVISOR RUSSELL: Would anybody else like to comment on any issue? MR. BRYANT: I just had one question for your law department. Do I have to formally request your written determination on your negative dec? TOWN ATTORNEY FINNEGAN: Yes. That is our practice and you can just file a FOIL request through the Town Clerk's office. MR. BRYANT: Town Clerk, okay. Page 65 February 11, 2014 Page 66 Southold Town Board Meeting TOWN ATTORNEY FINNEGAN: It is available online. You can do it on our website. MR. BRYANT: Okay. Thank you very much. SUPERVISOR RUSSELL: Anybody else? (No response). Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:45 P.M. Eliz eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Page 66